Qualification of Drivers; Exemption Applications; Vision, 6573-6576 [2016-02366]
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Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Notices
• Federal eRulemaking Portal: Go to
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the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
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Avenue SE., Room W12–140, West
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20590–0001.
• Hand Delivery or Courier: Take
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Ground Floor at 1200 New Jersey
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public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
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described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
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comments received may be read at
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Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Dan
Ngo, 202–267–4264, 800 Independence
Avenue SW., Washington, DC 20591.
This notice is published pursuant to
14 CFR 11.85.
FOR FURTHER INFORMATION CONTACT:
Issued in Washington, DC, on January 28,
2016.
Lirio Liu,
Director, Office of Rulemaking.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Petition for Exemption
Docket No.: FAA–2015–0443.
Petitioner: Wes Myers
Section(s) of 14 CFR Affected: 61.113
(a) & (b).
Description of Relief Sought:
Petitioner seeks to amend Exemption
No. 11592A for relief from Condition
and Limitation 13 regarding Pilot in
Command requirements to operate an
unmanned aerial system (UAS) for
aerial data collection.
[FR Doc. 2016–02347 Filed 2–5–16; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0348]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 20 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 March 9, 2016. All comments
will be investigated by FMCSA. The
exemptions will be issued the day after
the comment period closes.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2015–0348 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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., 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 https://
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 https://
www.regulations.gov at any time or
SUMMARY:
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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., 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 selfaddressed, 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:
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, 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 20
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
Lonnie D. Barber
Mr. Barber, 47, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/70. Following an
examination in 2015, his
ophthalmologist stated, ‘‘In my medical
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opinion, Mr. Barber’s vision is sufficient
to perform the driving tasks required to
operate a commercial vehicle.’’
Mr. Barber reported that he has driven
straight trucks for 10 years,
accumulating 14,000 miles. He holds an
operator’s license from North Carolina.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Thomas M. Bowman
Mr. Bowman, 50, has had a retinal
detachment in his right eye since 2011.
The visual acuity in his right eye is no
light perception, and in his left eye, 20/
20. Following an examination in 2015,
his ophthalmologist stated, ‘‘In my
opinion, Mr. Bowman has sufficient
vision to perform driving tasks required
for a commercial vehicle.’’
Mr. Bowman reported that he has
driven straight trucks for 27 years,
accumulating 27,000 miles, and tractortrailer combinations for 25 years,
accumulating 750,000 miles. He holds a
Class A CDL from Ohio. His driving
record for the last 3 years shows one
crash, for which he was not cited and
to which he did not contribute, and no
convictions for moving violations in a
CMV.
Daniel T. Brown
Mr. Brown, 48, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/60. Following an
examination in 2015, his optometrist
stated, ‘‘Overall, I think that Mr. Brown
has very good visual function and life
experience, which would allow him to
operate a commercial vehicle safely, and
efficiently.’’ Mr. Brown reported that he
has driven straight trucks for 13 years,
accumulating 780,000 miles. He holds a
Class B CDL from Ohio. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Samuel S. Byler
Mr. Byler, 53, has complete loss of
vision 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 2015, his optometrist
stated, ‘‘In my medical opinion with the
use of side mirrors the patient should be
able to operate a commercial vehicle.’’
Mr. Byler reported that he has driven
straight trucks for 12 years,
accumulating 360,000 miles, and
tractor-trailer combinations for 8 years,
accumulating 600,000 miles. He holds a
Class A CDL from Pennsylvania. His
driving record for the last 3 years shows
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no crashes and no convictions for
moving violations in a CMV.
Robert Fawcett, Jr.
Mr. Fawcett, 65, has a retinal
detachment in his right eye due to a
traumatic incident in 1976. The visual
acuity in his right eye is no light
perception, and in his left eye, 20/20.
Following an examination in 2015, his
ophthalmologist stated, ‘‘Mr. Fawcett
has sufficient vision in his left eye to
operate a commercial vehicle.’’ Mr.
Fawcett reported that he has driven
straight trucks for 45 years,
accumulating 270,000 miles, and
tractor-trailer combinations for 45 years,
accumulating 450,000 miles. He holds a
Class AM CDL from Pennsylvania. His
driving record for the last 3 years shows
1 crash, for which he was not cited and
to which he did not contribute, and no
convictions for moving violations in a
CMV.
James T. Friesner, Jr.
Mr. Friesner, Jr., 47, has had optic
nerve hypoplasia in his right eye since
birth. The visual acuity in his right eye
is counting fingers, and in his left eye,
20/20. Following an examination in
2015, his optometrist stated, ‘‘It is my
medical opinion that Mr. Friesner has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Friesner reported that he
has driven straight trucks for 7 years,
accumulating 350,000 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.
Harry J. Glynn
Mr. Glynn, 56, has a corneal
transplant and a lensectomy with IOL
implant in his left eye due to a
traumatic incident in 1984. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/70. Following an
examination in 2015, his optometrist
stated, ‘‘Harry Glynn has sufficient
vision to operate a commercial vehicle
in my opinion.’’ Mr. Glynn reported that
he has driven straight trucks for 40
years, accumulating 480,000 miles. He
holds a chauffer’s license from
Louisiana. His driving record for the last
3 years shows no crashes and no
convictions for moving violations in a
CMV.
Jerry L. Gray
Mr. Gray, 51, has a prosthetic left eye
due to a traumatic incident in 1995. The
visual acuity in his right eye is 20/20,
and in his left eye, no light perception.
Following an examination in 2015, his
optometrist stated, ‘‘It is my
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professional opinion that Mr. Gray can
operate any vehicle safely.’’ Mr. Gray
reported that he has driven straight
trucks for 32 years, accumulating 1.6
million miles, and tractor-trailer
combinations for 15 years, accumulating
375,000 miles. He holds a Class AMV
CDL from Alabama. His driving record
for the last 3 years shows no crashes and
no convictions for moving violations in
a CMV.
Lloyd Hinton
Mr. Hinton, 63, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/300. Following an
examination in 2015, his optometrist
stated, ‘‘In summary, I see no reason to
restrict Mr. Hinton’s license to drive a
commercial vehicle for any eye or vision
related cause.’’ Mr. Hinton reported that
he has driven straight trucks for 24
years, accumulating 72,000 miles. He
holds a Class BM CDL from New York.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
James M. Knef
Mr. Knef, 53, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is 20/400,
and in his left eye, 20/30. Following an
examination in 2015, his optometrist
stated, ‘‘Since this is a longstanding
condition, it does not affect his ability
to drive a commercial vehicle.’’ Mr.
Knef reported that he has driven straight
trucks for 28 years, accumulating 1.9
million miles. He holds a Class B CDL
from New Jersey. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Cody McDonnell
Mr. McDonnell, 24, has had
amblyopia 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 2015, his optometrist
stated, ‘‘In summary, in my opinion
there is nothing vision or eye-related
that should prevent Cody from
obtaining his CDL and driving safely.’’
Mr. McDonnell reported that he has
driven tractor-trailer combinations for 3
years. He holds a Class A CDL from
Oregon. His driving record for the last
3 years shows no crashes and no
convictions for moving violations in a
CMV.
Brandon J. Michalko
Mr. Michalko, 25, has a macular hole
in his left eye due to a traumatic
incident in 2004. The visual acuity in
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his right eye is 20/20, and in his left eye,
20/200. Following an examination in
2015, his ophthalmologist stated, ‘‘In
my medical opinion, I believe he does
have sufficient vision to perform a
driving test required to operate a
commercial vehicle.’’ Mr. Michalko
reported that he has driven straight
trucks for 8 years, accumulating 416,000
miles. He holds a Class BM CDL from
New York. His driving record for the
last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
John L. Ratayczak
Mr. Ratayczak, 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, 20/70. Following an
examination in 2015, his optometrist
stated, ‘‘In my medical opinion, Mr.
Ratayczak has sufficient vision in both
eyes to operate a commercial vehicle he
uses for his job.’’ Mr. Ratayczak reported
that he has driven straight trucks for 15
years, accumulating 496,500 miles. He
holds a Class D 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.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Dennis C. Rokes
Mr. Rokes, 51, has had macular
degeneration in his left eye since 2012.
The visual acuity in his right eye is 20/
20, and in his left eye, 20/400.
Following an examination in 2015, his
optometrist stated, ‘‘In my medical
opinion, Mr. Rokes has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Rokes reported that he has driven
straight trucks for 33 years,
accumulating 297,000 miles, and
tractor-trailer combinations for 33 years,
accumulating 132,000 miles. He holds a
Class A CDL from Iowa. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Brian W. Roughton
Mr. Roughton, 51, has had a retinal
detachment in his left eye since birth.
The visual acuity in his right eye is 20/
20, and in his left eye, no light
perception. Following an examination
in 2015, his optometrist stated, ‘‘Again,
Mr. Roughton has had this vision defect
since birth and there are no new
changes. I see no reason that it would
affect his ability to continue driving or
affect his DOT physical.’’ Mr. Roughton
reported that he has driven straight
trucks for 20 years, accumulating
160,000 miles, and tractor-trailer
combinations for 20 years, accumulating
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160,000 miles. He holds a Class A CDL
from Missouri. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Eric A. Simonsen
Mr. Simonsen, 53, has had corneal
dystrophy in his right eye since
childhood. The visual acuity in his right
eye is 20/60, and in his left eye, 20/20.
Following an examination in 2015, his
ophthalmologist stated, ‘‘Patient sees
well enough to drive a commercial
vehicle.’’ Mr. Simonsen reported that he
has driven straight trucks for 35 years,
accumulating 1.23 million miles. He
holds an operator’s license from SC. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Brian S. Tuttle
Mr. Tuttle, 43, has had refractive
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 2015, his
optometrist stated, ‘‘I feel he does see
well enough operate a commercial
vehicle without glasses.’’ Mr. Tuttle
reported that he has driven straight
trucks for 15 years, accumulating
300,000 miles. He holds a Class DMB
CDL from Kentucky. His driving record
for the last 3 years shows no crashes and
no convictions for moving violations in
a CMV.
Steven A. Van Raalte
Mr. Van Raalte, 57, had a retinal
detachment in his left eye in 1985. The
visual acuity in his right eye is 20/20,
and in his left eye, 20/80. Following an
examination in 2015, his optometrist
stated, ‘‘In my opinion, Mr. Van Raalte
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Van Raalte
reported that he has driven straight
trucks for 30 years, accumulating 57,000
miles, and tractor-trailer combinations
for 30 years, accumulating 255,000
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.
Marvin L. Wernimont
Mr. Wernimont, 59, has had a
prosthetic left eye since 1979. The
visual acuity in his right eye is 20/20,
and in his left eye, no light perception.
Following an examination in 2015, his
optometrist stated, ‘‘I certify that in my
medical opinion, Marvin has sufficient
vision to perform the driving tasks
required to operate a commercial
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vehicle.’’ Mr. Wernimont reported that
he has driven straight trucks for 17
years, accumulating 510,000 miles, and
tractor-trailer combinations for 17 years,
accumulating 425,000 miles. He holds a
Class A CDL from Iowa. His driving
record for the last 3 years shows one
crash, for which he was not cited and
to which he did not contribute, and no
convictions for moving violations in a
CMV.
Brian J. Yole
Mr. Yole, 45, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is 20/60,
and in his left eye, 20/20. Following an
examination in 2015, his optometrist
stated, ‘‘In my opinion, he has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Yole reported that he has
driven tractor-trailer combinations for 9
years, accumulating 832,500 miles. He
holds a Class AM CDL from Texas. His
driving record for the last 3 years shows
no crashes and 1 conviction for a
moving violation in a CMV; he exceeded
the speed limit by 6 mph.
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
https://www.regulations.gov and put the
docket number FMCSA–2015–0348 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 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
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facility, please enclose a stamped, selfaddressed postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period and may change this
notice based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov and insert
the docket number FMCSA–2015–0348
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: January 21, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–02366 Filed 2–5–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0349]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denials.
AGENCY:
FMCSA announces its denial
of 345 applications from individuals
who requested an exemption from the
Federal vision standard applicable to
interstate truck and bus drivers and the
reasons for the denials. FMCSA has
statutory authority to exempt
individuals from the vision requirement
if the exemptions granted will not
compromise safety. The Agency has
concluded that granting these
exemptions does not provide a level of
safety that will be equivalent to, or
greater than, the level of safety
maintained without the exemptions for
these commercial motor vehicle (CMV)
drivers.
FOR FURTHER INFORMATION CONTACT:
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
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SUMMARY:
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113, Washington, DC 20590–0001.
Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the Federal vision standard for a
renewable 2-year period if it finds ‘‘such
an exemption would likely achieve a
level of safety that is equivalent to or
greater than the level that would be
achieved absent such an exemption.’’
The procedures for requesting an
exemption are set forth in 49 CFR part
381.
Accordingly, FMCSA evaluated 345
individual exemption requests on their
merit and made a determination that
these applicants do not satisfy the
criteria eligibility or meet the terms and
conditions of the Federal exemption
program. Each applicant has, prior to
this notice, received a letter of final
disposition on the exemption request.
Those decision letters fully outlined the
basis for the denial and constitute final
Agency action. The list published in
this notice summarizes the Agency’s
recent denials as required under 49
U.S.C. 31315(b)(4) by periodically
publishing names and reasons for
denial.
The following 4 applicants did not
have sufficient driving experience over
the past 3 years under normal highway
operating conditions:
Allan V. Jorgensen
Timothy M. O’Malley
James S. Phipps
David J. Varricchione
The following 82 applicants had no
experience operating a CMV:
Wesley D. Adkins
Coral Aguirre
Mark J. Alden
Mazin M. J. Alrawe
Eric J. Andersen
Abram J. Apodaca
Antwanne L. Ash
Stanley L. Ayers
Nash Barno
Savanna S. Bednar
Daryl D. Beshirs
Carola Buehler
Phillip A. Carleton
Rogelio Chacon
Patchara Chiochankitmun
Regino J. Cisneros Perez
Christopher W. Cochran
Ronnie P. Cook
Matthew B. Dallachie
Daniel E. Delano
Jack H. Dependahl
Shelia F. Dixon
Lauren A. Dotterweich
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Frank Eardley
Jose E. Echegaray Hernandez
Jeanne C. Emmons
Michael C. Gacki, Jr.
Houssein M. Gale
Travis L. Gibbs
William M. Godzisz
Jose A. Gonzalez Morin
Scott R. Graves
Luke J. Harding
David R. Hazen
Mahmoud K. Hiima
Eric M. Holloway
Mark E. Irsik
Edison Joe
Craig A. Johnson
Jennifer L. King
Oleg Kovalev
Mollie O. Krablin
John P. Kuchta
Brian N. LaRose
James R. Lockard
Michael E. Malloy
Jacob D. Miller
Rodney Mitchell
Brian T. Murphy
Steven K. Mynhier, Sr.
Craig A. Nass
Nathan R. Pawloski
Bobby Phongsavanh
Albert L. Prather, Jr.
Ashley D. Pulkka
Joshua E. Richardson
Irfan A. Ridha
Ammon D. Roe
Larry E. Rohloff
Roberto Ruiz
Fred A. Scott, Jr.
Mulmin J. Sellars
Shawn R. Sexton
Joseph L. Smid
Arthur C. Smith
Jermaine E. Smith
Geoffrey K. Snelling
Shane P. Spellman
James L. Stevens
Casey J. Stover
Arnold Taci
Joshua T. Takacs
Shawn J. Tugwell
Tonya M. Turybury
Spooford Whitaker, Jr.
Jason A. Williams
Monique A. Williams
Thomas D. Williams
Carla M. Wright
Vernon R. Yocham
Richard W. Youngerman
Ahmo Zildzevic
The following 54 applicants did not
have 3 years of experience driving a
CMV on public highways with their
vision deficiencies:
Brian D. Beaulieu
Anthony Britton
Edward M. Brooks
Ross A. Busby
Riley M. Crumley, Jr.
E:\FR\FM\08FEN1.SGM
08FEN1
]]>Agencies
[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Notices]
[Pages 6573-6576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02366]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0348]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 20 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 March 9, 2016. All
comments will be investigated by FMCSA. The exemptions will be issued
the day after the comment period closes.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2015-0348 using any of the
following methods:
Federal eRulemaking Portal: Go to https://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.,
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 https://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 https://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., 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: Christine A. Hydock, Chief, Medical
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, 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 20 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
Lonnie D. Barber
Mr. Barber, 47, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
70. Following an examination in 2015, his ophthalmologist stated, ``In
my medical
[[Page 6574]]
opinion, Mr. Barber's vision is sufficient to perform the driving tasks
required to operate a commercial vehicle.''
Mr. Barber reported that he has driven straight trucks for 10
years, accumulating 14,000 miles. He holds an operator's license from
North Carolina. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Thomas M. Bowman
Mr. Bowman, 50, has had a retinal detachment in his right eye since
2011. The visual acuity in his right eye is no light perception, and in
his left eye, 20/20. Following an examination in 2015, his
ophthalmologist stated, ``In my opinion, Mr. Bowman has sufficient
vision to perform driving tasks required for a commercial vehicle.''
Mr. Bowman reported that he has driven straight trucks for 27
years, accumulating 27,000 miles, and tractor-trailer combinations for
25 years, accumulating 750,000 miles. He holds a Class A CDL from Ohio.
His driving record for the last 3 years shows one crash, for which he
was not cited and to which he did not contribute, and no convictions
for moving violations in a CMV.
Daniel T. Brown
Mr. Brown, 48, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
60. Following an examination in 2015, his optometrist stated,
``Overall, I think that Mr. Brown has very good visual function and
life experience, which would allow him to operate a commercial vehicle
safely, and efficiently.'' Mr. Brown reported that he has driven
straight trucks for 13 years, accumulating 780,000 miles. He holds a
Class B CDL from Ohio. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Samuel S. Byler
Mr. Byler, 53, has complete loss of vision 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 2015, his optometrist stated, ``In my medical opinion
with the use of side mirrors the patient should be able to operate a
commercial vehicle.'' Mr. Byler reported that he has driven straight
trucks for 12 years, accumulating 360,000 miles, and tractor-trailer
combinations for 8 years, accumulating 600,000 miles. He holds a Class
A CDL from Pennsylvania. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Robert Fawcett, Jr.
Mr. Fawcett, 65, has a retinal detachment in his right eye due to a
traumatic incident in 1976. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2015, his ophthalmologist stated, ``Mr. Fawcett has sufficient
vision in his left eye to operate a commercial vehicle.'' Mr. Fawcett
reported that he has driven straight trucks for 45 years, accumulating
270,000 miles, and tractor-trailer combinations for 45 years,
accumulating 450,000 miles. He holds a Class AM CDL from Pennsylvania.
His driving record for the last 3 years shows 1 crash, for which he was
not cited and to which he did not contribute, and no convictions for
moving violations in a CMV.
James T. Friesner, Jr.
Mr. Friesner, Jr., 47, has had optic nerve hypoplasia in his right
eye since birth. The visual acuity in his right eye is counting
fingers, and in his left eye, 20/20. Following an examination in 2015,
his optometrist stated, ``It is my medical opinion that Mr. Friesner
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Friesner reported that he has driven
straight trucks for 7 years, accumulating 350,000 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.
Harry J. Glynn
Mr. Glynn, 56, has a corneal transplant and a lensectomy with IOL
implant in his left eye due to a traumatic incident in 1984. The visual
acuity in his right eye is 20/20, and in his left eye, 20/70. Following
an examination in 2015, his optometrist stated, ``Harry Glynn has
sufficient vision to operate a commercial vehicle in my opinion.'' Mr.
Glynn reported that he has driven straight trucks for 40 years,
accumulating 480,000 miles. He holds a chauffer's license from
Louisiana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Jerry L. Gray
Mr. Gray, 51, has a prosthetic left eye due to a traumatic incident
in 1995. The visual acuity in his right eye is 20/20, and in his left
eye, no light perception. Following an examination in 2015, his
optometrist stated, ``It is my professional opinion that Mr. Gray can
operate any vehicle safely.'' Mr. Gray reported that he has driven
straight trucks for 32 years, accumulating 1.6 million miles, and
tractor-trailer combinations for 15 years, accumulating 375,000 miles.
He holds a Class AMV CDL from Alabama. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Lloyd Hinton
Mr. Hinton, 63, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
300. Following an examination in 2015, his optometrist stated, ``In
summary, I see no reason to restrict Mr. Hinton's license to drive a
commercial vehicle for any eye or vision related cause.'' Mr. Hinton
reported that he has driven straight trucks for 24 years, accumulating
72,000 miles. He holds a Class BM CDL from New York. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
James M. Knef
Mr. Knef, 53, 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/
30. Following an examination in 2015, his optometrist stated, ``Since
this is a longstanding condition, it does not affect his ability to
drive a commercial vehicle.'' Mr. Knef reported that he has driven
straight trucks for 28 years, accumulating 1.9 million miles. He holds
a Class B CDL from New Jersey. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Cody McDonnell
Mr. McDonnell, 24, has had amblyopia 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 2015, his
optometrist stated, ``In summary, in my opinion there is nothing vision
or eye-related that should prevent Cody from obtaining his CDL and
driving safely.'' Mr. McDonnell reported that he has driven tractor-
trailer combinations for 3 years. He holds a Class A CDL from Oregon.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Brandon J. Michalko
Mr. Michalko, 25, has a macular hole in his left eye due to a
traumatic incident in 2004. The visual acuity in
[[Page 6575]]
his right eye is 20/20, and in his left eye, 20/200. Following an
examination in 2015, his ophthalmologist stated, ``In my medical
opinion, I believe he does have sufficient vision to perform a driving
test required to operate a commercial vehicle.'' Mr. Michalko reported
that he has driven straight trucks for 8 years, accumulating 416,000
miles. He holds a Class BM CDL from New York. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
John L. Ratayczak
Mr. Ratayczak, 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, 20/70. Following an examination in 2015, his optometrist stated,
``In my medical opinion, Mr. Ratayczak has sufficient vision in both
eyes to operate a commercial vehicle he uses for his job.'' Mr.
Ratayczak reported that he has driven straight trucks for 15 years,
accumulating 496,500 miles. He holds a Class D 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.
Dennis C. Rokes
Mr. Rokes, 51, has had macular degeneration in his left eye since
2012. The visual acuity in his right eye is 20/20, and in his left eye,
20/400. Following an examination in 2015, his optometrist stated, ``In
my medical opinion, Mr. Rokes has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Rokes
reported that he has driven straight trucks for 33 years, accumulating
297,000 miles, and tractor-trailer combinations for 33 years,
accumulating 132,000 miles. He holds a Class A CDL from Iowa. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Brian W. Roughton
Mr. Roughton, 51, has had a retinal detachment in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, no light perception. Following an examination in 2015, his
optometrist stated, ``Again, Mr. Roughton has had this vision defect
since birth and there are no new changes. I see no reason that it would
affect his ability to continue driving or affect his DOT physical.''
Mr. Roughton reported that he has driven straight trucks for 20 years,
accumulating 160,000 miles, and tractor-trailer combinations for 20
years, accumulating 160,000 miles. He holds a Class A CDL from
Missouri. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Eric A. Simonsen
Mr. Simonsen, 53, has had corneal dystrophy in his right eye since
childhood. The visual acuity in his right eye is 20/60, and in his left
eye, 20/20. Following an examination in 2015, his ophthalmologist
stated, ``Patient sees well enough to drive a commercial vehicle.'' Mr.
Simonsen reported that he has driven straight trucks for 35 years,
accumulating 1.23 million miles. He holds an operator's license from
SC. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Brian S. Tuttle
Mr. Tuttle, 43, has had refractive 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 2015, his optometrist
stated, ``I feel he does see well enough operate a commercial vehicle
without glasses.'' Mr. Tuttle reported that he has driven straight
trucks for 15 years, accumulating 300,000 miles. He holds a Class DMB
CDL from Kentucky. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Steven A. Van Raalte
Mr. Van Raalte, 57, had a retinal detachment in his left eye in
1985. The visual acuity in his right eye is 20/20, and in his left eye,
20/80. Following an examination in 2015, his optometrist stated, ``In
my opinion, Mr. Van Raalte has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Van Raalte
reported that he has driven straight trucks for 30 years, accumulating
57,000 miles, and tractor-trailer combinations for 30 years,
accumulating 255,000 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.
Marvin L. Wernimont
Mr. Wernimont, 59, has had a prosthetic left eye since 1979. The
visual acuity in his right eye is 20/20, and in his left eye, no light
perception. Following an examination in 2015, his optometrist stated,
``I certify that in my medical opinion, Marvin has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Wernimont reported that he has driven straight trucks for 17 years,
accumulating 510,000 miles, and tractor-trailer combinations for 17
years, accumulating 425,000 miles. He holds a Class A CDL from Iowa.
His driving record for the last 3 years shows one crash, for which he
was not cited and to which he did not contribute, and no convictions
for moving violations in a CMV.
Brian J. Yole
Mr. Yole, 45, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``In my
opinion, he has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Yole reported that he has driven
tractor-trailer combinations for 9 years, accumulating 832,500 miles.
He holds a Class AM CDL from Texas. His driving record for the last 3
years shows no crashes and 1 conviction for a moving violation in a
CMV; he exceeded the speed limit by 6 mph.
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 https://www.regulations.gov and
put the docket number FMCSA-2015-0348 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
[[Page 6576]]
facility, please enclose a stamped, self-addressed postcard or
envelope.
FMCSA will consider all comments and material received during the
comment period and may change this notice based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov and
insert the docket number FMCSA-2015-0348 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: January 21, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-02366 Filed 2-5-16; 8:45 am]
BILLING CODE 4910-EX-P
