82_FR_19031 82 FR 18954 - Qualification of Drivers; Exemption Applications; Vision

82 FR 18954 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 77 (April 24, 2017)

Page Range18954-18956
FR Document2017-08195

FMCSA announces receipt of applications from 10 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 82 Issue 77 (Monday, April 24, 2017)
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Notices]
[Pages 18954-18956]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08195]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0016]


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 10 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 May 24, 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-2017-0016 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 18955]]

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 10 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

Russel R. Dixon

    Mr. Dixon, 50, 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 2017, his ophthalmologist stated, ``I 
certify that Mr. Dixon has sufficient vision to perform the driving 
tasks required for operating a commercial vehicle.'' Mr. Dixon reported 
that he has driven straight trucks for 35 years, accumulating 1.85 
million miles, and tractor-trailer combinations for 26 years, 
accumulating 416,000 miles. He holds a Class A CDL from Virginia. His 
driving record for the last 3 years shows no crashes and one conviction 
for a moving violation in a CMV; he was cited for failure to pay full-
time attention.

Robert A. Fasset

    Mr. Fasset, 51, 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, ``In my 
medical opinion, Mr. Fasset has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Fasset 
reported that he has driven straight trucks for 5 years, accumulating 
125,000 miles. He holds a Class CB CDL from Michigan. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

William M. Hanes

    Mr. Hanes, 56, 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/
800. Following an examination in 2017, his optometrist stated, ``I do 
believe Mr. Hanes has sufficient vision to perform the essential tasks 
for operating a commercial vehicle.'' Mr. Hanes reported that he has 
driven straight trucks for 37 years, accumulating 2.2 million miles, 
and tractor-trailer combinations for 3 years, accumulating 150,000 
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.

Ryan P. Lambert

    Mr. Lambert, 37, has had complete loss of vision in his right eye 
due to glaucoma in childhood. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/15. Following an examination 
in 2016, his optometrist stated, ``Ryan Lambert has sufficient vision 
to perform the driving tests required to operate a commercial 
vehicle.'' Mr. Lambert reported that he has driven straight trucks for 
19 years, accumulating 950,000 miles. He holds an operator's license 
from Utah. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Richard D. Patterson

    Mr. Patterson, 60, has had glaucoma in his right eye since 2005. 
The visual acuity in his right eye is 20/40, and in his left eye, 20/
20. Following an examination in 2016, his ophthalmologist stated, ``In 
my opinion, Mr. Patterson has sufficient vision in his left eye to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Robinson reported that he has driven straight trucks for 32 years, 
accumulating 4 million miles. He holds a Class A CDL from Tennessee. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Jonathan W. Pryor

    Mr. Pryor, 34, has an enucleation of his right eye due to a fungal 
infection in childhood. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/20. Following an examination in 
2017, his ophthalmologist stated, ``In my medical opinion, Mr. Pryor 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Pryor reported that he has driven straight 
trucks for 14 years, accumulating 60,000 miles. He holds an operator's 
license from Oklahoma. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Ernesto Silva

    Mr. Silva, 50, has a prosthetic 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, no light perception. Following an examination in 2016, 
his optometrist stated, ``Patient was blinded by trauma in this eye at 
age 10. He is well adapted, and should be considered to be save [sic] 
to drive commercially, as he has for many years.'' Mr. Silva reported 
that he has driven straight trucks for 10 years, accumulating 8,000 
miles. He holds a Class A CDL from New Mexico. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Dennis L. Spence

    Mr. Spence, 72, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``Mr. 
Spence has normal visual acuity in his left eye and has lived with low 
vision in his right eye his entire life . . . It seems reasonable that 
he should be able to operate a commercial vehicle as long as his 
current level of physical and mental health does not decline.'' Mr. 
Spence reported that he has driven straight trucks for 52 years, 
accumulating 780,000 miles, and tractor-trailer combinations for 52 
years, accumulating 2.6 million miles. He holds an enhanced driver's 
license from Washington. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

[[Page 18956]]

Gordon R. Ulm

    Mr. Ulm, 72, has had amblyopia in his left eye since childhood. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/400. 
Following an examination in 2017, his ophthalmologist stated, ``Mr. Ulm 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Ulm reported that he has driven straight 
trucks for 30 years, accumulating 90,000 miles. He holds an operator's 
license from Ohio. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Gary L. Warner

    Mr. Warner, 61, 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 2017, his optometrist stated, 
``Mr. Warner had been driving commercial vehicles for almost 40 years, 
he is completely adapted to his eye injury many years ago and I have no 
visual concerns regarding his safe operation of a commercial vehicle.'' 
Mr. Warner reported that he has driven tractor-trailer combinations for 
17 years, accumulating 467,500 miles. He holds a Class AM CDL from 
Virginia. 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-2017-0016 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-2017-0016 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: April 17, 2017.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2017-08195 Filed 4-21-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  18954                          Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices

                                                    The qualifications and medical                        VI. Conclusion                                        ACTION:Notice of applications for
                                                  condition of each applicant were stated                    Based upon its evaluation of the 28                exemptions; request for comments.
                                                  and discussed in detail in the March 7,                 exemption applications, FMCSA
                                                  2017, Federal Register notice and they                                                                        SUMMARY:   FMCSA announces receipt of
                                                                                                          exempts the following drivers from the                applications from 10 individuals for
                                                  will not be repeated in this notice.                    diabetes requirement in 49 CFR                        exemption from the vision requirement
                                                  III. Discussion of Comments                             391.41(b)(3):                                         in the Federal Motor Carrier Safety
                                                                                                          Larry A. Acton (KS)                                   Regulations. They are unable to meet
                                                    FMCSA received no comments in this                    Matthew M. Bauer (MI)
                                                  proceeding.                                                                                                   the vision requirement in one eye for
                                                                                                          Gerald T. Booth (NY)                                  various reasons. The exemptions will
                                                  IV. Basis for Exemption Determination                   Jeremy D. Carpenter (AL)                              enable these individuals to operate
                                                                                                          David L. Carraway (NC)
                                                     Under 49 U.S.C. 31136(e) and 31315,                  Mitchell S. Crites (OH)                               commercial motor vehicles (CMVs) in
                                                  FMCSA may grant an exemption from                       Martin K. Dennis (PA)                                 interstate commerce without meeting
                                                  the diabetes requirement in 49 CFR                      Ryan E. Dickinson (NY)                                the prescribed vision requirement in
                                                  391.41(b)(3) if the exemption is likely to              John T. Edmiston (TX)                                 one eye. If granted, the exemptions
                                                  achieve an equivalent or greater level of               Malcolm C. Ferriell (IN)                              would enable these individuals to
                                                  safety than would be achieved without                   Saul Gates, III (TX)                                  qualify as drivers of commercial motor
                                                  the exemption. The exemption allows                     Paul S. Hare (VA)                                     vehicles (CMVs) in interstate commerce.
                                                  the applicants to operate CMVs in                       Jimmie E. Johnson (IN)                                DATES: Comments must be received on
                                                  interstate commerce.                                    Ronald A. Karr (SD)                                   or before May 24, 2017. All comments
                                                                                                          David A. Morrill (ME)                                 will be investigated by FMCSA. The
                                                     To evaluate the effect of these
                                                                                                          Parker L. Pearce (TX)                                 exemptions will be issued the day after
                                                  exemptions on safety, FMCSA                             Raymond L. Ramsey (NH)
                                                  considered medical reports about the                                                                          the comment period closes.
                                                                                                          Ronald A. Routh (OK)
                                                  applicants’ ITDM and vision, and                        Sean R. Shakespeare (NV)                              ADDRESSES: You may submit comments
                                                  reviewed the treating endocrinologists’                 Ryan B. Silva (MA)                                    bearing the Federal Docket Management
                                                  medical opinion related to the ability of               Kent A. Smith (KS)                                    System (FDMS) Docket No. FMCSA–
                                                  the driver to safely operate a CMV while                Zachary C. Smith (MT)                                 2017–0016 using any of the following
                                                  using insulin.                                          Jennifer S. Starr (OR)                                methods:
                                                     Consequently, FMCSA finds that in                    Benjamin T. Weinheimer, Jr. (TX)                        • Federal eRulemaking Portal: Go to
                                                  each case exempting these applicants                    Walter D. West (MO)                                   http://www.regulations.gov. Follow the
                                                  from the diabetes requirement in 49 CFR                 John K. Windler (IN)                                  on-line instructions for submitting
                                                  391.41(b)(3) is likely to achieve a level               Kathy A. Wofford (GA)                                 comments.
                                                  of safety equal to that existing without                Shawn L. Wood (CO)                                      • Mail: Docket Management Facility;
                                                  the exemption.                                             In accordance with 49 U.S.C. 31136(e)              U.S. Department of Transportation, 1200
                                                                                                          and 31315 each exemption is valid for                 New Jersey Avenue SE., West Building
                                                  V. Conditions and Requirements                          two years unless revoked earlier by                   Ground Floor, Room W12–140,
                                                     The terms and conditions of the                      FMCSA. The exemption will be revoked                  Washington, DC 20590–0001.
                                                  exemption will be provided to the                       if the following occurs: (1) The person                 • Hand Delivery: West Building
                                                  applicants in the exemption document                    fails to comply with the terms and                    Ground Floor, Room W12–140, 1200
                                                  and they include the following: (1) That                conditions of the exemption; (2) the                  New Jersey Avenue SE., Washington,
                                                  each individual submit a quarterly                      exemption has resulted in a lower level               DC, between 9 a.m. and 5 p.m., e.t.,
                                                  monitoring checklist completed by the                   of safety than was maintained before it               Monday through Friday, except Federal
                                                  treating endocrinologist as well as an                  was granted; or (3) continuation of the               Holidays.
                                                  annual checklist with a comprehensive                   exemption would not be consistent with                  • Fax: 1–202–493–2251.
                                                  medical evaluation; (2) that each                       the goals and objectives of 49 U.S.C.                   Instructions: Each submission must
                                                  individual reports within 2 business                    31136(e) and 31315. If the exemption is               include the Agency name and the
                                                  days of occurrence, all episodes of                     still effective at the end of the 2-year              docket numbers for this notice. Note
                                                  severe hypoglycemia, significant                        period, the person may apply to FMCSA                 that all comments received will be
                                                  complications, or inability to manage                   for a renewal under procedures in effect              posted without change to http://
                                                  diabetes; also, any involvement in an                   at that time.                                         www.regulations.gov, including any
                                                  accident or any other adverse event in                    Issued on: April 17, 2017.                          personal information provided. Please
                                                  a CMV or personal vehicle, whether or                   Larry W. Minor,                                       see the Privacy Act heading below for
                                                  not it is related to an episode of                      Associate Administrator for Policy.                   further information.
                                                  hypoglycemia; (3) that each individual                                                                          Docket: For access to the docket to
                                                                                                          [FR Doc. 2017–08194 Filed 4–21–17; 8:45 am]
                                                  provide a copy of the ophthalmologist’s                                                                       read background documents or
                                                                                                          BILLING CODE 4910–EX–P
                                                  or optometrist’s report to the medical                                                                        comments, go to http://
                                                  examiner at the time of the annual                                                                            www.regulations.gov at any time or
                                                  medical examination; and (4) that each                  DEPARTMENT OF TRANSPORTATION                          Room W12–140 on the ground level of
                                                  individual provide a copy of the annual                                                                       the West Building, 1200 New Jersey
                                                  medical certification to the employer for               Federal Motor Carrier Safety                          Avenue SE., Washington, DC, between 9
                                                  retention in the driver’s qualification                                                                       a.m. and 5 p.m., e.t., Monday through
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                          Administration
                                                  file, or keep a copy in his/her driver’s                                                                      Friday, except Federal holidays. The
                                                  qualification file if he/she is self-                   [Docket No. FMCSA–2017–0016]                          FDMS is available 24 hours each day,
                                                  employed. The driver must also have a                                                                         365 days each year. If you want
                                                                                                          Qualification of Drivers; Exemption
                                                  copy of the certification when driving,                                                                       acknowledgment that we received your
                                                                                                          Applications; Vision
                                                  for presentation to a duly authorized                                                                         comments, please include a self-
                                                  Federal, State, or local enforcement                    AGENCY:Federal Motor Carrier Safety                   addressed, stamped envelope or
                                                  official.                                               Administration (FMCSA), DOT.                          postcard or print the acknowledgement


                                             VerDate Sep<11>2014   13:48 Apr 21, 2017   Jkt 241001   PO 00000   Frm 00066   Fmt 4703   Sfmt 4703   E:\FR\FM\24APN1.SGM   24APN1


                                                                                 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices                                             18955

                                                  page that appears after submitting                      violation in a CMV; he was cited for                  has driven straight trucks for 32 years,
                                                  comments on-line.                                       failure to pay full-time attention.                   accumulating 4 million miles. He holds
                                                     Privacy Act: In accordance with 5                                                                          a Class A CDL from Tennessee. His
                                                  U.S.C. 553(c), DOT solicits comments                    Robert A. Fasset
                                                                                                                                                                driving record for the last 3 years shows
                                                  from the public to better inform its                      Mr. Fasset, 51, has had amblyopia in                no crashes and no convictions for
                                                  rulemaking process. DOT posts these                     his left eye since childhood. The visual              moving violations in a CMV.
                                                  comments, without edit, including any                   acuity in his right eye is 20/25, and in
                                                  personal information the commenter                      his left eye, 20/200. Following an                    Jonathan W. Pryor
                                                  provides, to www.regulations.gov, as                    examination in 2016, his optometrist
                                                                                                                                                                  Mr. Pryor, 34, has an enucleation of
                                                  described in the system of records                      stated, ‘‘In my medical opinion, Mr.
                                                                                                          Fasset has sufficient vision to perform               his right eye due to a fungal infection in
                                                  notice (DOT/ALL–14 FDMS), which can
                                                                                                          the driving tasks required to operate a               childhood. The visual acuity in his right
                                                  be reviewed at www.dot.gov/privacy.
                                                                                                          commercial vehicle.’’ Mr. Fasset                      eye is no light perception, and in his left
                                                  FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                          reported that he has driven straight                  eye, 20/20. Following an examination in
                                                  Christine A. Hydock, Chief, Medical                                                                           2017, his ophthalmologist stated, ‘‘In
                                                  Programs Division, (202) 366–4001,                      trucks for 5 years, accumulating 125,000
                                                                                                          miles. He holds a Class CB CDL from                   my medical opinion, Mr. Pryor has
                                                  fmcsamedical@dot.gov, FMCSA,                                                                                  sufficient vision to perform the driving
                                                  Department of Transportation, 1200                      Michigan. His driving record for the last
                                                                                                          3 years shows no crashes and no                       tasks required to operate a commercial
                                                  New Jersey Avenue SE., Room W64–                                                                              vehicle.’’ Mr. Pryor reported that he has
                                                  113, Washington, DC 20590–0001.                         convictions for moving violations in a
                                                                                                          CMV.                                                  driven straight trucks for 14 years,
                                                  Office hours are 8:30 a.m. to 5 p.m., e.t.,                                                                   accumulating 60,000 miles. He holds an
                                                  Monday through Friday, except Federal                   William M. Hanes                                      operator’s license from Oklahoma. His
                                                  holidays. If you have questions
                                                                                                             Mr. Hanes, 56, has had amblyopia in                driving record for the last 3 years shows
                                                  regarding viewing or submitting
                                                                                                          his left eye since childhood. The visual              no crashes and no convictions for
                                                  material to the docket, contact Docket
                                                                                                          acuity in his right eye is 20/20, and in              moving violations in a CMV.
                                                  Services, telephone (202) 366–9826.
                                                                                                          his left eye, 20/800. Following an
                                                  SUPPLEMENTARY INFORMATION:                                                                                    Ernesto Silva
                                                                                                          examination in 2017, his optometrist
                                                  I. Background                                           stated, ‘‘I do believe Mr. Hanes has                     Mr. Silva, 50, has a prosthetic in his
                                                     Under 49 U.S.C. 31136(e) and 31315,                  sufficient vision to perform the essential            left eye due to a traumatic incident in
                                                  FMCSA may grant an exemption from                       tasks for operating a commercial                      childhood. The visual acuity in his right
                                                  the Federal Motor Carrier Safety                        vehicle.’’ Mr. Hanes reported that he has             eye is 20/20, and in his left eye, no light
                                                  Regulations for a 2-year period if it finds             driven straight trucks for 37 years,                  perception. Following an examination
                                                  ‘‘such exemption would likely achieve a                 accumulating 2.2 million miles, and                   in 2016, his optometrist stated, ‘‘Patient
                                                  level of safety that is equivalent to or                tractor-trailer combinations for 3 years,             was blinded by trauma in this eye at age
                                                  greater than the level that would be                    accumulating 150,000 miles. He holds a                10. He is well adapted, and should be
                                                  achieved absent such exemption.’’                       Class A CDL from Ohio. His driving                    considered to be save [sic] to drive
                                                  FMCSA can renew exemptions at the                       record for the last 3 years shows no                  commercially, as he has for many
                                                  end of each 2-year period. The 10                       crashes and no convictions for moving                 years.’’ Mr. Silva reported that he has
                                                  individuals listed in this notice have                  violations in a CMV.                                  driven straight trucks for 10 years,
                                                  each requested such an exemption from                   Ryan P. Lambert                                       accumulating 8,000 miles. He holds a
                                                  the vision requirement in 49 CFR                                                                              Class A CDL from New Mexico. His
                                                                                                            Mr. Lambert, 37, has had complete
                                                  391.41(b)(10), which applies to drivers                                                                       driving record for the last 3 years shows
                                                                                                          loss of vision in his right eye due to
                                                  of CMVs in interstate commerce.                                                                               no crashes and no convictions for
                                                                                                          glaucoma in childhood. The visual
                                                  Accordingly, the Agency will evaluate                                                                         moving violations in a CMV.
                                                                                                          acuity in his right eye is no light
                                                  the qualifications of each applicant to
                                                                                                          perception, and in his left eye, 20/15.               Dennis L. Spence
                                                  determine whether granting an
                                                                                                          Following an examination in 2016, his
                                                  exemption will achieve the required                                                                              Mr. Spence, 72, has had amblyopia in
                                                                                                          optometrist stated, ‘‘Ryan Lambert has
                                                  level of safety mandated by statute.                                                                          his right eye since childhood. The
                                                                                                          sufficient vision to perform the driving
                                                  II. Qualifications of Applicants                        tests required to operate a commercial                visual acuity in his right eye is 20/400,
                                                                                                          vehicle.’’ Mr. Lambert reported that he               and in his left eye, 20/20. Following an
                                                  Russel R. Dixon                                                                                               examination in 2016, his optometrist
                                                                                                          has driven straight trucks for 19 years,
                                                     Mr. Dixon, 50, has had amblyopia in                  accumulating 950,000 miles. He holds                  stated, ‘‘Mr. Spence has normal visual
                                                  his left eye since childhood. The visual                an operator’s license from Utah. His                  acuity in his left eye and has lived with
                                                  acuity in his right eye is 20/20, and in                driving record for the last 3 years shows             low vision in his right eye his entire life
                                                  his left eye, 20/200. Following an                      no crashes and no convictions for                     . . . It seems reasonable that he should
                                                  examination in 2017, his                                moving violations in a CMV.                           be able to operate a commercial vehicle
                                                  ophthalmologist stated, ‘‘I certify that                                                                      as long as his current level of physical
                                                  Mr. Dixon has sufficient vision to                      Richard D. Patterson                                  and mental health does not decline.’’
                                                  perform the driving tasks required for                     Mr. Patterson, 60, has had glaucoma                Mr. Spence reported that he has driven
                                                  operating a commercial vehicle.’’ Mr.                   in his right eye since 2005. The visual               straight trucks for 52 years,
                                                  Dixon reported that he has driven                       acuity in his right eye is 20/40, and in              accumulating 780,000 miles, and
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  straight trucks for 35 years,                           his left eye, 20/20. Following an                     tractor-trailer combinations for 52 years,
                                                  accumulating 1.85 million miles, and                    examination in 2016, his                              accumulating 2.6 million miles. He
                                                  tractor-trailer combinations for 26 years,              ophthalmologist stated, ‘‘In my opinion,              holds an enhanced driver’s license from
                                                  accumulating 416,000 miles. He holds a                  Mr. Patterson has sufficient vision in his            Washington. His driving record for the
                                                  Class A CDL from Virginia. His driving                  left eye to perform the driving tasks                 last 3 years shows no crashes and no
                                                  record for the last 3 years shows no                    required to operate a commercial                      convictions for moving violations in a
                                                  crashes and one conviction for a moving                 vehicle.’’ Mr. Robinson reported that he              CMV.


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                                                  18956                          Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices

                                                  Gordon R. Ulm                                           individual or on behalf of a third party              maintained without the exemptions for
                                                     Mr. Ulm, 72, has had amblyopia in his                and then submit. If you submit your                   these CMV drivers.
                                                  left eye since childhood. The visual                    comments by mail or hand delivery,                    DATES: The exemptions were granted
                                                  acuity in his right eye is 20/20, and in                submit them in an unbound format, no                  April 8, 2017. The exemptions expire on
                                                  his left eye, 20/400. Following an                      larger than 81⁄2 by 11 inches, suitable for           April 8, 2019.
                                                  examination in 2017, his                                copying and electronic filing. If you                 FOR FURTHER INFORMATION CONTACT: Ms.
                                                  ophthalmologist stated, ‘‘Mr. Ulm has                   submit comments by mail and would                     Christine A. Hydock, Chief, Medical
                                                  sufficient vision to perform the driving                like to know that they reached the                    Programs Division, (202) 366–4001,
                                                  tasks required to operate a commercial                  facility, please enclose a stamped, self-             fmcsamedical@dot.gov, FMCSA,
                                                  vehicle.’’ Mr. Ulm reported that he has                 addressed postcard or envelope.                       Department of Transportation, 1200
                                                  driven straight trucks for 30 years,                       FMCSA will consider all comments                   New Jersey Avenue SE., Room W64–
                                                  accumulating 90,000 miles. He holds an                  and material received during the                      113, Washington, DC 20590–0001.
                                                  operator’s license from Ohio. His                       comment period. FMCSA may issue a                     Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                  driving record for the last 3 years shows               final determination at any time after the             Monday through Friday, except Federal
                                                  no crashes and no convictions for                       close of the comment period.                          holidays. If you have questions
                                                  moving violations in a CMV.                             Viewing Comments and Documents                        regarding viewing or submitting
                                                                                                                                                                material to the docket, contact Docket
                                                  Gary L. Warner                                             To view comments, as well as
                                                                                                                                                                Services, telephone (202) 366–9826.
                                                     Mr. Warner, 61, has had a prosthetic                 documents mentioned in this preamble
                                                                                                          as being available in the docket, go to               SUPPLEMENTARY INFORMATION:
                                                  left eye since childhood. The visual
                                                  acuity in his right eye is 20/20, and in                http://www.regulations.gov and insert                 I. Electronic Access
                                                  his left eye, no light perception.                      the docket number FMCSA–2017–0016
                                                                                                                                                                   You may see all the comments online
                                                  Following an examination in 2017, his                   in the ‘‘Keyword’’ box and click
                                                                                                                                                                through the Federal Document
                                                  optometrist stated, ‘‘Mr. Warner had                    ‘‘Search.’’ Next, click ‘‘Open Docket
                                                                                                                                                                Management System (FDMS) at http://
                                                  been driving commercial vehicles for                    Folder’’ button and choose the
                                                                                                                                                                www.regulations.gov.
                                                  almost 40 years, he is completely                       document listed to review. If you do not                 Docket: For access to the docket to
                                                  adapted to his eye injury many years                    have access to the Internet, you may                  read background documents or
                                                  ago and I have no visual concerns                       view the docket online by visiting the                comments, go to http://
                                                  regarding his safe operation of a                       Docket Management Facility in Room                    www.regulations.gov and/or Room
                                                  commercial vehicle.’’ Mr. Warner                        W12–140 on the ground floor of the                    W12–140 on the ground level of the
                                                  reported that he has driven tractor-                    DOT West Building, 1200 New Jersey                    West Building, 1200 New Jersey Avenue
                                                  trailer combinations for 17 years,                      Avenue SE., Washington, DC 20590,                     SE., Washington, DC, between 9 a.m.
                                                  accumulating 467,500 miles. He holds a                  between 9 a.m. and 5 p.m., e.t., Monday               and 5 p.m., e.t., Monday through Friday,
                                                  Class AM CDL from Virginia. His                         through Friday, except Federal holidays.              except Federal holidays.
                                                  driving record for the last 3 years shows                 Issued on: April 17, 2017.                             Privacy Act: In accordance with 5
                                                  no crashes and no convictions for                       Larry W. Minor,                                       U.S.C. 553(c), DOT solicits comments
                                                  moving violations in a CMV.                             Associate Administrator for Policy.                   from the public to better inform its
                                                                                                          [FR Doc. 2017–08195 Filed 4–21–17; 8:45 am]           rulemaking process. DOT posts these
                                                  III. Public Participation and Request for                                                                     comments, without edit, including any
                                                  Comments                                                BILLING CODE 4910–EX–P
                                                                                                                                                                personal information the commenter
                                                     FMCSA encourages you to participate                                                                        provides, to www.regulations.gov, as
                                                  by submitting comments and related                      DEPARTMENT OF TRANSPORTATION                          described in the system of records
                                                  materials.                                                                                                    notice (DOT/ALL–14 FDMS), which can
                                                  Submitting Comments                                     Federal Motor Carrier Safety                          be reviewed at www.dot.gov/privacy.
                                                                                                          Administration                                        II. Background
                                                     If you submit a comment, please
                                                  include the docket number for this                      [Docket No. FMCSA–2016–0377]                             On March 8, 2017, FMCSA published
                                                  notice, indicate the specific section of                                                                      a notice of receipt of exemption
                                                  this document to which each comment                     Qualification of Drivers; Exemption
                                                                                                                                                                applications from certain individuals,
                                                  applies, and provide a reason for each                  Applications; Vision
                                                                                                                                                                and requested comments from the
                                                  suggestion or recommendation. You                       AGENCY: Federal Motor Carrier Safety                  public (82 FR 13045). That notice listed
                                                  may submit your comments and                            Administration (FMCSA), DOT.                          17 applicants’ case histories. The 17
                                                  material online or by fax, mail, or hand                ACTION: Notice of final disposition.                  individuals applied for exemptions from
                                                  delivery, but please use only one of                                                                          the vision requirement in 49 CFR
                                                  these means. FMCSA recommends that                      SUMMARY:    FMCSA announces its                       391.41(b)(10), for drivers who operate
                                                  you include your name and a mailing                     decision to exempt 17 individuals from                CMVs in interstate commerce.
                                                  address, an email address, or a phone                   the vision requirement in the Federal                    Under 49 U.S.C. 31136(e) and 31315,
                                                  number in the body of your document                     Motor Carrier Safety Regulations                      FMCSA may grant an exemption for a
                                                  so the Agency can contact you if it has                 (FMCSRs). They are unable to meet the                 2-year period if it finds ‘‘such
                                                  questions regarding your submission.                    vision requirement in one eye for                     exemption would likely achieve a level
                                                     To submit your comment online, go to                 various reasons. The exemptions will                  of safety that is equivalent to or greater
                                                  http://www.regulations.gov and put the                  enable these individuals to operate                   than the level that would be achieved
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  docket number FMCSA–2017–0016 in                        commercial motor vehicles (CMVs) in                   absent such exemption.’’ The statute
                                                  the ‘‘Keyword’’ box, and click ‘‘Search.                interstate commerce without meeting                   also allows the Agency to renew
                                                  When the new screen appears, click on                   the prescribed vision requirement in                  exemptions at the end of the 2-year
                                                  ‘‘Comment Now!’’ button and type your                   one eye. The Agency has concluded that                period. Accordingly, FMCSA has
                                                  comment into the text box in the                        granting these exemptions will provide                evaluated the 17 applications on their
                                                  following screen. Choose whether you                    a level of safety that is equivalent to or            merits and made a determination to
                                                  are submitting your comment as an                       greater than the level of safety                      grant exemptions to each of them.


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Document Created: 2017-04-22 00:11:14
Document Modified: 2017-04-22 00:11:14
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 May 24, 2017. 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 Citation82 FR 18954 

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