82 FR 24430 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 101 (May 26, 2017)

Page Range		24430-24432
FR Document		2017-10773

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 101 (Friday, May 26, 2017)

[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Notices]
[Pages 24430-24432]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10773]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0018]


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 June 26, 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-2017-0018 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 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

Blaine R. Dickman

    Mr. Dickman, 61, has had a prosthetic right eye since childhood. 
The visual acuity in his right eye is no light perception, and in his 
left eye, 20/20. Following an examination in 2017, his optometrist 
stated, ``In my medical opinion, Blaine has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Dickman reported that he has driven buses for 19 years, 
accumulating 76,000 miles. He holds a Class B CDL from Nevada. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

[[Page 24431]]

Sean J. Dornin

    Mr. Dornin, 44, has had a corneal transplant in his left eye since 
childhood due to a congenital cataract. The visual acuity in his right 
eye is 20/20, and in his left eye, hand motion. Following an 
examination in 2017, his optometrist stated, ``In my medical opinion, 
Sean Dornin has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Dornin reported that he has 
driven straight trucks for 20 years, accumulating 600,000 miles, and 
tractor-trailer combinations for 20 years, accumulating 900,000 miles. 
He holds a Class AM CDL from Pennsylvania. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Wade J. Jandreau

    Mr. Jandreau, 42, has optic neuropathy in his left eye due to a 
traumatic incident in 1990. The visual acuity in his right eye is 20/
20, and in his left eye, 20/70. Following an examination in 2016, his 
optometrist stated, ``In my medical opinion, the patient has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Jandreau reported that he has driven straight trucks for 
5 years, accumulating 100,000 miles, and tractor-trailer combinations 
for 8 years, accumulating 200,000 miles. He holds a Class A CDL from 
Maine. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Eric C. Johnson

    Mr. Johnson, 63, has a prosthetic left eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is 20/20, and 
in his left eye, no light perception. Following an examination in 2017, 
his optometrist stated, ``I do certify that in my medical opinion, he 
is able to perform the driving tasks required to maintain a commercial 
driver's license.'' Mr. Johnson reported that he has driven straight 
trucks for 8 years, accumulating 4,000 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.

Thomas M. Leonard

    Mr. Leonard, 65, has a macular scar in his right eye due to a 
traumatic incident in 1970. The visual acuity in his right eye is 
counting fingers, and in his left eye, 20/20. Following an examination 
in 2017, his optometrist stated, ``In my medical opinion, Leonard, 
[sic] Thomas has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Leonard reported that 
he has driven straight trucks for 20 years, accumulating 932,720 miles. 
He holds a Class AM CDL from Pennsylvania. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

James Q. Meeks, Jr.

    Mr. Meeks, 51, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/70, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated that, in 
his medical opinion, Mr. Meeks does have sufficient vision to operate a 
commercial motor vehicle. Mr. Meeks reported that he has driven 
straight trucks for 5 years, accumulating 26,000 miles, and tractor-
trailer combinations for 5 years, accumulating 26,000 miles. He holds a 
Class A CDL from Georgia. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Al V. Nowviock

    Mr. Nowviock, 56, has a prosthetic left eye due to a traumatic 
incident in 2007. The visual acuity in his right eye is 20/20, and in 
his left eye, no light perception. Following an examination in 2017, 
his optometrist stated, ``In my opinion, his vision is sufficient to 
continue to operate a commercial vehicle.'' Mr. Nowviock reported that 
he has driven tractor-trailer combinations for 20 years, accumulating 
1.05 million miles. He holds a Class A CDL from Illinois. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Hubert O. Pollard

    Mr. Pollard, 44, has a prosthetic left eye due to a traumatic 
incident in 2002. The visual acuity in his right eye is 20/15, and in 
his left eye, no light perception. Following an examination in 2017, 
his ophthalmologist stated, ``If you are willing to waive the 
restriction prohibiting a monocular patient from operating a commercial 
vehicle, in the case of Mr. Pollard I am happy to certify he has 
sufficient vision to operate a commercial vehicle.'' Mr. Pollard 
reported that he has driven straight trucks for 17 years, accumulating 
1.275 million miles. He holds an operator's license from North Dakota. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Daniel L. Troop

    Mr. Troop, 56, has complete loss of vision in his right eye due to 
a traumatic incident in 1978. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2016, his optometrist stated, ``In my opinion, Danny has sufficient 
vision to perform the tasks required to operate a commercial vehicle.'' 
Mr. Troop reported that he has driven straight trucks for 35 years, 
accumulating 350,000 miles, and tractor-trailer combinations for 35 
years, accumulating 1.4 million 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.

Jeffrey Waterbury

    Mr. Waterbury, 53, has a macular scar in his left eye due to a 
traumatic incident in 1982. The visual acuity in his right eye is 20/
60, and in his left eye, 20/20. Following an examination in 2016, his 
optometrist stated, ``Mr. Waterbury has demonstrated sufficient vision 
to operate a commercial vehicle.'' Mr. Waterbury reported that he has 
driven straight trucks for 32 years, accumulating 1.12 million miles, 
and tractor-trailer combinations for 2 years, accumulating 2,000 miles. 
He holds a Class A CDL from New York. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

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-2017-0018 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

[[Page 24432]]

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-2017-0018 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: May 12, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-10773 Filed 5-25-17; 8:45 am]
 BILLING CODE 4910-EX-P

24430 Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Notices

Paul B. Overman (WA) ACTION:Notice of applications for page that appears after submitting
Jerry M. Puckett (OH) exemptions; request for comments. comments on-line.
Emin Toric (GA) Privacy Act: In accordance with 5
The drivers were included in docket SUMMARY: FMCSA announces receipt of U.S.C. 553(c), DOT solicits comments
No. FMCSA–2012–0280. Their applications from 10 individuals for from the public to better inform its
exemptions are effective as of December exemption from the vision requirement rulemaking process. DOT posts these
20, 2016, and will expire on December in the Federal Motor Carrier Safety comments, without edit, including any
20, 2018. Regulations. They are unable to meet personal information the commenter
As of December 25, 2016, and in the vision requirement in one eye for provides, to www.regulations.gov, as
accordance with 49 U.S.C. 31136(e) and various reasons. The exemptions will described in the system of records
31315, the following 17 individuals enable these individuals to operate notice (DOT/ALL–14 FDMS), which can
have satisfied the conditions for commercial motor vehicles (CMVs) in be reviewed at www.dot.gov/privacy.
obtaining a renewed exemption from the interstate commerce without meeting
the prescribed vision requirement in FOR FURTHER INFORMATION CONTACT: Ms.
vision requirements (79 FR 69985; 80
one eye. If granted, the exemptions Christine A. Hydock, Chief, Medical
FR 8927):
would enable these individuals to Programs Division, (202) 366–4001,
Peter H. Bailey (MI) fmcsamedical@dot.gov, FMCSA,
Dewey E. Ballard, Jr. (SC) qualify as drivers of commercial motor
vehicles (CMVs) in interstate commerce. Department of Transportation, 1200
Thurman T. Clayton (LA)
Tig G. Cornell (ID) New Jersey Avenue SE., Room W64–
DATES: Comments must be received on
Jon R. Davidson (CO) 113, Washington, DC 20590–0001.
or before June 26, 2017. All comments Office hours are 8:30 a.m. to 5 p.m., e.t.,
Edwin T. Condaldson (PA) will be investigated by FMCSA. The
William W.R. Dunn (PA) Monday through Friday, except Federal
exemptions will be issued the day after holidays. If you have questions
Timothy J. Fisher (FL) the comment period closes.
Perry D. Hamilton (TN) regarding viewing or submitting
Keith C. Lendt (MN) ADDRESSES: You may submit comments material to the docket, contact Docket
Richard B. McMaster (AR) bearing the Federal Docket Management Services, telephone (202) 366–9826.
Joseph McTear (TX) System (FDMS) Docket No. FMCSA–
SUPPLEMENTARY INFORMATION:
Martin Montanez (IL) 2017–0018 using any of the following
Lee A. Mosier (IA) methods: I. Background
John W. Randels (CO) • Federal eRulemaking Portal: Go to
Carl W. Russell (OK) Under 49 U.S.C. 31136(e) and 31315,
http://www.regulations.gov. Follow the
Daniel R. Thompson (PA) FMCSA may grant an exemption from
on-line instructions for submitting
The drivers were included in docket the Federal Motor Carrier Safety
comments.
Regulations for a 2-year period if it finds
No. FMCSA–2012–0298. Their • Mail: Docket Management Facility;
exemptions are effective as of December ‘‘such exemption would likely achieve a
U.S. Department of Transportation, 1200
25, 2016, and will expire on December level of safety that is equivalent to or
New Jersey Avenue SE., West Building
25, 2018. greater than the level that would be
Ground Floor, Room W12–140,
In accordance with 49 U.S.C. 31315, achieved absent such exemption.’’
Washington, DC 20590–0001.
FMCSA can renew exemptions at the
each exemption will be valid for two • Hand Delivery: West Building
years from the effective date unless end of each 2-year period. The 10
Ground Floor, Room W12–140, 1200
revoked earlier by FMCSA. The individuals listed in this notice have
New Jersey Avenue SE., Washington,
exemption will be revoked if the each requested such an exemption from
DC, between 9 a.m. and 5 p.m., e.t.,
following occurs: (1) The person fails to the vision requirement in 49 CFR
Monday through Friday, except Federal
comply with the terms and conditions 391.41(b)(10), which applies to drivers
Holidays.
of CMVs in interstate commerce.
of the exemption; (2) the exemption has • Fax: 1–202–493–2251.
resulted in a lower level of safety than Accordingly, the Agency will evaluate
Instructions: Each submission must
was maintained prior to being granted; the qualifications of each applicant to
include the Agency name and the
or (3) continuation of the exemption determine whether granting an
docket numbers for this notice. Note
would not be consistent with the goals exemption will achieve the required
that all comments received will be
and objectives of 49 U.S.C. 31136 and level of safety mandated by statute.
posted without change to http://
31315. www.regulations.gov, including any II. Qualifications of Applicants
Issued on: May 12, 2017. personal information provided. Please
Blaine R. Dickman
Larry W. Minor, see the Privacy Act heading below for
Associate Administrator for Policy. further information. Mr. Dickman, 61, has had a prosthetic
Docket: For access to the docket to right eye since childhood. The visual
[FR Doc. 2017–10772 Filed 5–25–17; 8:45 am]
read background documents or acuity in his right eye is no light
BILLING CODE 4910–EX–P
comments, go to http:// perception, and in his left eye, 20/20.
www.regulations.gov at any time or Following an examination in 2017, his
DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of optometrist stated, ‘‘In my medical
the West Building, 1200 New Jersey opinion, Blaine has sufficient vision to
Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9 perform the driving tasks required to
Administration a.m. and 5 p.m., e.t., Monday through operate a commercial vehicle.’’ Mr.
Friday, except Federal holidays. The Dickman reported that he has driven
[Docket No. FMCSA–2017–0018] FDMS is available 24 hours each day, buses for 19 years, accumulating 76,000
365 days each year. If you want miles. He holds a Class B CDL from
Qualification of Drivers; Exemption
acknowledgment that we received your Nevada. His driving record for the last
Applications; Vision
comments, please include a self- 3 years shows no crashes and no
AGENCY:Federal Motor Carrier Safety addressed, stamped envelope or convictions for moving violations in a
Administration (FMCSA), DOT. postcard or print the acknowledgement CMV.

VerDate Sep<11>2014 19:14 May 25, 2017 Jkt 241001 PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.SGM 26MYN1

Document Created: 2017-05-26 02:23:56
Document Modified: 2017-05-26 02:23:56

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 June 26, 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 24430

82 FR 24430 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 101 (May 26, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration