Qualification of Drivers; Exemption Applications; Vision, 42054-42057 [2016-15221]
Download as PDF
<![CDATA[
42054
Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
drivers with ITDM from driving CMVs
in interstate commerce (71 FR 58464; 71
FR 67201; 80 FR 68895):
John N. Anderson (MN)
Allan C. Boyum (MN)
Terry L. Brantley (NC)
Steven E. Brechting (MI)
Scott A. Carlson (WI)
Joseph L. Coggins (SC)
Stephanie D. Fry (WY)
Robert W. Gaultney, Jr. (MD)
Paul T. Kubish (WI)
David M. Levy (NY)
Sterling C. Madsen (UT)
David F. Morin (CA)
Jeffrey J. Morinelli (NE)
Ronald D. Murphy (WV)
Charles B. Page (PA)
John A. Remaklus (OH)
Michael D. Schooler (IN)
Arthur L. Stapleton, Jr. (OH)
Carolyn J. Taylor (IN)
Jeffrey M. Thew (WA)
Barney J. Wade (MS)
Dennis D. Wade (IL)
The drivers were included in Docket
No. FMCSA–2006–2575. Their
exemptions are effective as of November
20, 2015 and will expire on November
20, 2017.
As of November 22, 2015, the
following individual, Steven R. Auger
(NH), has satisfied the renewal
conditions for obtaining an exemption
from the rule prohibiting drivers with
ITDM from driving CMVs in interstate
commerce (76 FR 63295; 76 FR 76400;
80 FR 68895).
The driver was included in Docket
No. FMCSA–2013–0189. The exemption
is effective as of November 22, 2015 and
will expire on November 22, 2017.
Each of these 90 drivers qualifies for
a renewal of the exemption. They have
maintained their required medical
monitoring and have not exhibited any
medical issues that would compromise
their ability to safely operate a CMV
during the previous 2-year exemption
period.
These factors provide an adequate
basis for predicting each driver’s ability
to continue to drive safely in interstate
commerce. Therefore, FMCSA
concludes that extending the exemption
for each of the 90 drivers for a period
of two years is likely to achieve a level
of safety equal to that existing without
the exemption.
V. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) That
each individual submit a quarterly
monitoring checklist completed by the
treating endocrinologist as well as an
annual checklist with a comprehensive
medical evaluation; (2) that each
VerDate Sep<11>2014
17:49 Jun 27, 2016
Jkt 238001
individual reports within 2 business
days of occurrence, all episodes of
severe hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
not it is related to an episode of
hypoglycemia; (3) that each individual
submit an annual ophthalmologist’s or
optometrist’s report; and (4) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the certification when driving,
for presentation to a duly authorized
Federal, State, or local enforcement
official. Each exemption will be valid
for two years unless rescinded earlier by
FMCSA. The exemption will be
rescinded if: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315.
VI. Conclusion
Based upon its evaluation of the 90
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the rule prohibiting drivers
with ITDM from driving CMVs in
interstate commerce in 49 CFR
391.64(3).
In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid
for 2 years unless revoked earlier by
FMCSA. The exemption will be revoked
if: (1) The person fails to comply with
the terms and conditions of the
exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136 and 31315.
If the exemption is still effective at the
end of the 2-year period and the drivers
remain in good standing with the
program, have maintained their required
medical monitoring, and have not
exhibited any medical issues that would
compromise their ability to safely
operate a CMV, they are eligible to
receive a renewal from FMCSA under
procedures in effect at that time.
Issued on: June 20, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–15222 Filed 6–27–16; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0029]
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 23 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 July 28, 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–
2016–0029 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:
E:\FR\FM\28JNN1.SGM
28JNN1
Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices
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:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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 23
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
Patrick R. Beallis
Mr. Beallis, 49, has had refractive
amblyopia in his left eye since
childhood. The visual acuity in his right
eye is 20/20, and in his left eye, 20/100.
Following an examination in 2015, his
optometrist stated, ‘‘In my opinion, Mr.
VerDate Sep<11>2014
17:49 Jun 27, 2016
Jkt 238001
Beallis has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Beallis
reported that he has driven straight
trucks for 24 years, accumulating 60,000
miles. He holds an operator’s license
from Illinois. His driving record for the
last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Gary A. Brown
Mr. Brown, 70, has had central
chorioretinitis in his left eye since
childhood. The visual acuity in his right
eye is 20/20, and in his left eye, 20/200.
Following an examination in 2016, his
optometrist stated, ‘‘Pt. [sic] has
sufficient vision to perform driving
tasks required to operate a commercial
vehicle.’’ Mr. Brown reported that he
has driven straight trucks for 53 years,
accumulating 265,000 miles, and
tractor-trailer combinations for 39 years,
accumulating 195,000 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.
Dudley G. Diebold
Mr. Diebold, 75, has a prosthetic left
eye due to a traumatic incident in 1981.
The visual acuity in his right eye is 20/
20, and in his left eye, no light
perception. Following an examination
in 2016, his ophthalmologist stated,
‘‘The patient has sufficient vision to
perform a driving test required to
operate a commercial vehicle.’’ Mr.
Diebold reported that he has driven
straight trucks for 60 years,
accumulating 600,000 miles. He holds a
Class A CDL from Connecticut. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
David L. Evers
Mr. Evers, 65, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/60. Following an
examination in 2016, his optometrist
stated, ‘‘In my opinion, David has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Evers reported that he has
driven straight trucks for 18 years,
accumulating 280,800 miles, and
tractor-trailer combinations for 29 years,
accumulating 3.2 million miles. He
holds a Class A CDL from Minnesota.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
42055
John M. Harris
Mr. Harris, 39, has had optic nerve
hypoplasia in his left eye since birth.
The visual acuity in his right eye is 20/
20, and in his left eye, 20/400.
Following an examination in 2016, his
optometrist stated, ‘‘His corrected vision
in his OD renders him safe to drive a
commercial vehicle.’’ Mr. Harris
reported that he has driven straight
trucks for 15 years, accumulating
105,000 miles, and tractor-trailer
combinations for 4 years, accumulating
100,000 miles. He holds an operator’s
license from Mississippi. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Raymond E. Hogue
Mr. Hogue, 55, has had ocular
histoplasmosis in his right eye since
2006. The visual acuity in his right eye
is 20/400, and in his left eye, 20/30.
Following an examination in 2016, his
ophthalmologist stated, ‘‘I believe that
Raymond, in my medical opinion,
would have sufficient vision to perform
driving tasks required to operate a
commercial vehicle.’’ Mr. Hogue
reported that he has driven straight
trucks for 8 years, accumulating 40,000
miles, and tractor-trailer combinations
for 20 years, accumulating 1.3 million
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.
Michael E. Jones
Mr. Jones, 53, has a prosthetic right
eye due to a traumatic incident in 2010.
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, ‘‘His color vision
is not impaired and he should have no
visual difficulties performing the
driving tasks required to operate a
commercial vehicle.’’ Mr. Jones reported
that he has driven straight trucks for 4
years, accumulating 80,000 miles, and
tractor-trailer combinations for 17 years,
accumulating 1.7 million miles. He
holds a Class AM CDL from Illinois. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Robert L. Jones
Mr. Jones, 61, has had glaucoma in his
left eye since 2000. The visual acuity in
his right eye is 20/20, and in his left eye,
no light perception. Following an
examination in 2015, his
ophthalmologist stated, ‘‘The patient
has successfully driven a commercial
vehicle for many years. In the absence
E:\FR\FM\28JNN1.SGM
28JNN1
42056
Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices
of any change in his visual function, I
see no indication that he could not
continue to do so.’’ Mr. Jones reported
that he has driven straight trucks for 14
years, accumulating 140,000 miles, and
tractor-trailer combinations for 16 years,
accumulating 960,000 miles. He holds a
Class A CDL from Florida. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Richard A. Kolodziejczyk
Mr. Kolodziejczyk, 48, has had
refractive amblyopia in his right eye
since childhood. The visual acuity in
his right eye is 20/50, and in his left eye,
20/20. Following an examination in
2016, his optometrist stated, ‘‘I do
certify that in my medical opinion,
Richard does have sufficient vision to
[sic], visual skills, and visual-motor
skills to perform the driving tasks
necessary to operate a commercial
vehicle.’’ Mr. Kolodziejczyk reported
that he has driven straight trucks for 16
years, accumulating 748,800 miles. He
holds an operator’s license from
Connecticut. His driving record for the
last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Dean A. Lardieri
Mr. Lardieri, 58, has a macular scar in
his right eye due to a traumatic incident
in 1978. The visual acuity in his right
eye is counting fingers, and in his left
eye, 20/20. Following an examination in
2016, his ophthalmologist stated, ‘‘In
my opinion this patient has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Lardieri reported that he
has driven straight trucks for 25 years,
accumulating 437,500 miles. He holds
an operator’s license from New Jersey.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Darius R. Law
Mr. Law, 31, has had complete loss of
vision 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 2016, his
ophthalmologist stated, ‘‘In my opinion,
Darius Law has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr. Law
reported that he has driven straight
trucks for 3 years, accumulating 12,000
miles, and tractor-trailer combinations
for 1 year, accumulating 250 miles. He
holds a Class A CDL from Florida. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
VerDate Sep<11>2014
17:49 Jun 27, 2016
Jkt 238001
Robert C. Martin
Mr. Martin, 59, has a prosthetic left
eye due to a traumatic incident in 1976.
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
medical opinion that Robert has
sufficient vision to perform driving task
[sic] required to operate a commercial
vehicle.’’ Mr. Martin reported that he
has driven straight trucks for 34 years,
accumulating 850,000 miles, and
tractor-trailer combinations for 34 years,
accumulating 850,000 miles. He holds a
Class A CDL from Washington. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Mark. W. Mc Taggart
Mr. Mc Taggart, 42, has had macular
pigment epithelial detachment in his
left eye since 2011. The visual acuity in
his right eye is 20/20, and in his left eye,
20/100. Following an examination in
2016, his optometrist stated, ‘‘In my
professional opinion Mark has vision
sufficient to operate a commercial
vehicle with no improvement.’’ Mr. Mc
Taggart reported that he has driven
straight trucks for 15 years,
accumulating 150,000 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.
Hobie S. Morse
Mr. Morse, 21, has complete loss of
vision in his left eye due to a traumatic
incident in 2004. 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, ‘‘It is my professional opinion
that Mr. Morse has sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Morse reported that he has driven
straight trucks for 1.5 years,
accumulating 45,000 miles, and tractortrailer combinations for 1.5 years,
accumulating 26,000 miles. He holds a
Class A CDL from Arkansas. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Noel Munoz
Mr. Munoz, 59, has had a macular
scar in his right eye due to central
serous retinopathy since 2008. 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, ‘‘It is my medical opinion that
Noel Munoz has sufficient vision to
perform the driving tasks required to
PO 00000
Frm 00129
Fmt 4703
Sfmt 4703
operate a commercial vehicle.’’ Mr.
Munoz reported that he has driven
straight trucks for 30 years,
accumulating 660,000 miles, and
tractor-trailer combinations for 30 years,
accumulating 360,000 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.
Frank C. Newberry
Mr. Newberry, 57, has complete loss
of vision in his right eye due to a
traumatic incident in 2000. 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, ‘‘He has had no
changes in his vision which would
interfere with his driving. He should
have the same driving capability now as
he has had over the past 16 years.’’ Mr.
Newberry reported that he has driven
straight trucks for 36 years,
accumulating 75,000 miles. He holds a
Class A CDL from Idaho. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Peter J. O’Connell
Mr. O’Connell, 40, has a macular hole
in his right eye due to a traumatic
incident in childhood. The visual acuity
in his right eye is 20/200, and in his left
eye, 20/20. Following an examination in
2016, his optometrist stated, ‘‘It is my
opinion that given the longstanding
nature of Peter’s stable ocular injury and
his ability to compensate for it for the
past 30 years, he should possess
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. O’Connell reported that he
has driven straight trucks for 9 years,
accumulating 374,400 miles. He holds
an operator’s license from Pennsylvania.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
James M. Paul
Mr. Paul, 64, 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
ophthalmologist stated, ‘‘U.S.
Department of Transportation Vision
Program . . . In my opinion, Mr. Paul
has sufficient vision to perform the
driving tasks required as has been the
case in the past.’’ Mr. Paul reported that
he has driven straight trucks for 41
years, accumulating 738,000 miles, and
tractor-trailer combinations for 41 years,
accumulating 738,000 miles. He holds a
Class AMV CDL from Alabama. His
E:\FR\FM\28JNN1.SGM
28JNN1
Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices
driving record for the last 3 years shows
one crash, to which he did not
contribute and for which he was not
cited, and no convictions for moving
violations in a CMV.
Ivan Romero
Mr. Romero, 28, has complete loss of
vision in his right eye due to a traumatic
incident in childhood. The visual acuity
in his right eye is light perception, and
in his left eye, 20/20. Following an
examination in 2016, his optometrist
stated, ‘‘Based on results from the
examination and driving history
without incident it appears that Mr.
Romero qualifies to meet criteria for an
exemption from the vision standards in
Federal Motor Carrier Safety
Regulations.’’ Mr. Romero reported that
he has driven straight trucks for 4 years,
accumulating 160,000 miles, and
tractor-trailer combinations for 4 years,
accumulating 188,000 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.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Richard M. Rosales
Mr. Rosales, 35, has aphakia in his
right eye due to a traumatic incident in
childhood. The visual acuity in his right
eye is 20/400, and in his left eye, 20/20.
Following an examination in 2016, his
ophthalmologist stated, ‘‘In my
professional opinion he has sufficient
vision to perform the required driving
task [sic] to operate a commercial
vehicle.’’ Mr. Rosales reported that he
has driven straight trucks for 6 years,
accumulating 18,720 miles. He holds an
operator’s license from New Mexico. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Jeffrey L. Tanner
Mr. Tanner, 44, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is 20/100,
and in his left eye, 20/20. Following an
examination in 2015, his optometrist
stated, ‘‘In my opinion, Mr. Tanner can
safely see to navigate a commercial
vehicle.’’ Mr. Tanner reported that he
has driven straight trucks for 2 years,
accumulating 2,000 miles, and tractortrailer combinations for 1 year,
accumulating 7,000 miles. He holds a
Class A CDL from Wyoming. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Steve A. Taylor
Mr. Taylor, 53, has aphakia in his
right eye due to a traumatic incident in
childhood. The visual acuity in his right
VerDate Sep<11>2014
17:49 Jun 27, 2016
Jkt 238001
eye is 20/60, and in his left eye, 20/20.
Following an examination in 2016, his
optometrist stated, ‘‘Mr. Taylor has
more than adequate vision to operate a
commercial vehicle.’’ Mr. Taylor
reported that he has driven tractortrailer combinations for 28 years,
accumulating 23,400 miles. He holds a
Class A CDL from North Carolina. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Donald P. Winters
Mr. Winters, 63, has had refractive
amblyopia in his left eye since
childhood. The visual acuity in his right
eye is 20/30, and in his left eye, 20/50.
Following an examination in 2015, his
optometrist stated, ‘‘Based on all of the
above information regarding Mr.
Winters [sic] ocular status, it is my
opinion that Mr. Winters does possess
sufficient vision to operate a
commercial vehicle safely and would be
visually capable of performing any
necessary driving tasks required.’’ Mr.
Winters reported that he has driven
tractor-trailer combinations for 31 years,
accumulating 3.88 million miles. He
holds a Class A CDL from Virginia. His
driving record for the last 3 years shows
one crash, for which he was not at fault
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
https://www.regulations.gov and put the
docket number FMCSA–2016–0029 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
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
42057
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
facility, please enclose a stamped, selfaddressed 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
https://www.regulations.gov and insert
the docket number FMCSA–2016–0029
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: June 17, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–15221 Filed 6–27–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT–OST–2016–0023]
Extension of a Previously Approved
Collection: Public Charters, 14 CFR
Part 380
Office of the Secretary,
Department of Transportation.
ACTION: Notice and request for
comments.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995,
Public Law 104–13, the Department of
Transportation (DOT) invites the general
public, industry and other governmental
parties to comment on Public Charters,
14 CFR part 380. A Federal Register
Notice with a 60-day comment period
soliciting comments on the following
information collection was published on
March 24, 2016 (81 FR 15787). No
comments were received.
DATES: Written comments should be
submitted by July 28, 2016.
SUMMARY:
E:\FR\FM\28JNN1.SGM
28JNN1
]]>Agencies
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Notices]
[Pages 42054-42057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15221]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0029]
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 23 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 July 28, 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-2016-0029 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
[[Page 42055]]
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 23 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
Patrick R. Beallis
Mr. Beallis, 49, has had refractive amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/100. Following an examination in 2015, his optometrist stated,
``In my opinion, Mr. Beallis has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Beallis
reported that he has driven straight trucks for 24 years, accumulating
60,000 miles. He holds an operator's license from Illinois. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Gary A. Brown
Mr. Brown, 70, has had central chorioretinitis in his left eye
since childhood. The visual acuity in his right eye is 20/20, and in
his left eye, 20/200. Following an examination in 2016, his optometrist
stated, ``Pt. [sic] has sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Brown reported that he
has driven straight trucks for 53 years, accumulating 265,000 miles,
and tractor-trailer combinations for 39 years, accumulating 195,000
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.
Dudley G. Diebold
Mr. Diebold, 75, has a prosthetic left eye due to a traumatic
incident in 1981. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2016,
his ophthalmologist stated, ``The patient has sufficient vision to
perform a driving test required to operate a commercial vehicle.'' Mr.
Diebold reported that he has driven straight trucks for 60 years,
accumulating 600,000 miles. He holds a Class A CDL from Connecticut.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
David L. Evers
Mr. Evers, 65, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
60. Following an examination in 2016, his optometrist stated, ``In my
opinion, David has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Evers reported that he
has driven straight trucks for 18 years, accumulating 280,800 miles,
and tractor-trailer combinations for 29 years, accumulating 3.2 million
miles. He holds a Class A CDL from Minnesota. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
John M. Harris
Mr. Harris, 39, has had optic nerve hypoplasia in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, 20/400. Following an examination in 2016, his optometrist
stated, ``His corrected vision in his OD renders him safe to drive a
commercial vehicle.'' Mr. Harris reported that he has driven straight
trucks for 15 years, accumulating 105,000 miles, and tractor-trailer
combinations for 4 years, accumulating 100,000 miles. He holds an
operator's license from Mississippi. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Raymond E. Hogue
Mr. Hogue, 55, has had ocular histoplasmosis in his right eye since
2006. The visual acuity in his right eye is 20/400, and in his left
eye, 20/30. Following an examination in 2016, his ophthalmologist
stated, ``I believe that Raymond, in my medical opinion, would have
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Hogue reported that he has driven straight
trucks for 8 years, accumulating 40,000 miles, and tractor-trailer
combinations for 20 years, accumulating 1.3 million 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.
Michael E. Jones
Mr. Jones, 53, has a prosthetic right eye due to a traumatic
incident in 2010. 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, ``His color vision is not impaired and he
should have no visual difficulties performing the driving tasks
required to operate a commercial vehicle.'' Mr. Jones reported that he
has driven straight trucks for 4 years, accumulating 80,000 miles, and
tractor-trailer combinations for 17 years, accumulating 1.7 million
miles. He holds a Class AM CDL from Illinois. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Robert L. Jones
Mr. Jones, 61, has had glaucoma in his left eye since 2000. The
visual acuity in his right eye is 20/20, and in his left eye, no light
perception. Following an examination in 2015, his ophthalmologist
stated, ``The patient has successfully driven a commercial vehicle for
many years. In the absence
[[Page 42056]]
of any change in his visual function, I see no indication that he could
not continue to do so.'' Mr. Jones reported that he has driven straight
trucks for 14 years, accumulating 140,000 miles, and tractor-trailer
combinations for 16 years, accumulating 960,000 miles. He holds a Class
A CDL from Florida. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Richard A. Kolodziejczyk
Mr. Kolodziejczyk, 48, has had refractive amblyopia in his right
eye since childhood. The visual acuity in his right eye is 20/50, and
in his left eye, 20/20. Following an examination in 2016, his
optometrist stated, ``I do certify that in my medical opinion, Richard
does have sufficient vision to [sic], visual skills, and visual-motor
skills to perform the driving tasks necessary to operate a commercial
vehicle.'' Mr. Kolodziejczyk reported that he has driven straight
trucks for 16 years, accumulating 748,800 miles. He holds an operator's
license from Connecticut. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Dean A. Lardieri
Mr. Lardieri, 58, has a macular scar in his right eye due to a
traumatic incident in 1978. The visual acuity in his right eye is
counting fingers, and in his left eye, 20/20. Following an examination
in 2016, his ophthalmologist stated, ``In my opinion this patient has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Lardieri reported that he has driven straight
trucks for 25 years, accumulating 437,500 miles. He holds an operator's
license from New Jersey. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Darius R. Law
Mr. Law, 31, has had complete loss of vision 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 2016, his
ophthalmologist stated, ``In my opinion, Darius Law has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Law reported that he has driven straight trucks for 3
years, accumulating 12,000 miles, and tractor-trailer combinations for
1 year, accumulating 250 miles. He holds a Class A CDL from Florida.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Robert C. Martin
Mr. Martin, 59, has a prosthetic left eye due to a traumatic
incident in 1976. 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 medical opinion that Robert has
sufficient vision to perform driving task [sic] required to operate a
commercial vehicle.'' Mr. Martin reported that he has driven straight
trucks for 34 years, accumulating 850,000 miles, and tractor-trailer
combinations for 34 years, accumulating 850,000 miles. He holds a Class
A CDL from Washington. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Mark. W. Mc Taggart
Mr. Mc Taggart, 42, has had macular pigment epithelial detachment
in his left eye since 2011. The visual acuity in his right eye is 20/
20, and in his left eye, 20/100. Following an examination in 2016, his
optometrist stated, ``In my professional opinion Mark has vision
sufficient to operate a commercial vehicle with no improvement.'' Mr.
Mc Taggart reported that he has driven straight trucks for 15 years,
accumulating 150,000 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.
Hobie S. Morse
Mr. Morse, 21, has complete loss of vision in his left eye due to a
traumatic incident in 2004. 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, ``It is my professional opinion that
Mr. Morse has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Morse reported that he has
driven straight trucks for 1.5 years, accumulating 45,000 miles, and
tractor-trailer combinations for 1.5 years, accumulating 26,000 miles.
He holds a Class A CDL from Arkansas. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Noel Munoz
Mr. Munoz, 59, has had a macular scar in his right eye due to
central serous retinopathy since 2008. 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, ``It is my medical opinion that Noel
Munoz has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Munoz reported that he has driven
straight trucks for 30 years, accumulating 660,000 miles, and tractor-
trailer combinations for 30 years, accumulating 360,000 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.
Frank C. Newberry
Mr. Newberry, 57, has complete loss of vision in his right eye due
to a traumatic incident in 2000. 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, ``He has had no changes in
his vision which would interfere with his driving. He should have the
same driving capability now as he has had over the past 16 years.'' Mr.
Newberry reported that he has driven straight trucks for 36 years,
accumulating 75,000 miles. He holds a Class A CDL from Idaho. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Peter J. O'Connell
Mr. O'Connell, 40, has a macular hole in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/200, and in his left eye, 20/20. Following an examination in 2016,
his optometrist stated, ``It is my opinion that given the longstanding
nature of Peter's stable ocular injury and his ability to compensate
for it for the past 30 years, he should possess sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. O'Connell reported that he has driven straight trucks for 9 years,
accumulating 374,400 miles. He holds an operator's license from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
James M. Paul
Mr. Paul, 64, 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 ophthalmologist stated,
``U.S. Department of Transportation Vision Program . . . In my opinion,
Mr. Paul has sufficient vision to perform the driving tasks required as
has been the case in the past.'' Mr. Paul reported that he has driven
straight trucks for 41 years, accumulating 738,000 miles, and tractor-
trailer combinations for 41 years, accumulating 738,000 miles. He holds
a Class AMV CDL from Alabama. His
[[Page 42057]]
driving record for the last 3 years shows one crash, to which he did
not contribute and for which he was not cited, and no convictions for
moving violations in a CMV.
Ivan Romero
Mr. Romero, 28, has complete loss of vision in his right eye due to
a traumatic incident in childhood. The visual acuity in his right eye
is light perception, and in his left eye, 20/20. Following an
examination in 2016, his optometrist stated, ``Based on results from
the examination and driving history without incident it appears that
Mr. Romero qualifies to meet criteria for an exemption from the vision
standards in Federal Motor Carrier Safety Regulations.'' Mr. Romero
reported that he has driven straight trucks for 4 years, accumulating
160,000 miles, and tractor-trailer combinations for 4 years,
accumulating 188,000 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.
Richard M. Rosales
Mr. Rosales, 35, has aphakia in his right eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/400,
and in his left eye, 20/20. Following an examination in 2016, his
ophthalmologist stated, ``In my professional opinion he has sufficient
vision to perform the required driving task [sic] to operate a
commercial vehicle.'' Mr. Rosales reported that he has driven straight
trucks for 6 years, accumulating 18,720 miles. He holds an operator's
license from New Mexico. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Jeffrey L. Tanner
Mr. Tanner, 44, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/100, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``In my
opinion, Mr. Tanner can safely see to navigate a commercial vehicle.''
Mr. Tanner reported that he has driven straight trucks for 2 years,
accumulating 2,000 miles, and tractor-trailer combinations for 1 year,
accumulating 7,000 miles. He holds a Class A CDL from Wyoming. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Steve A. Taylor
Mr. Taylor, 53, has aphakia in his right eye due to a traumatic
incident in childhood. 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. Taylor has more than adequate vision to
operate a commercial vehicle.'' Mr. Taylor reported that he has driven
tractor-trailer combinations for 28 years, accumulating 23,400 miles.
He holds a Class A CDL from North Carolina. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Donald P. Winters
Mr. Winters, 63, has had refractive amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/30, and in his left
eye, 20/50. Following an examination in 2015, his optometrist stated,
``Based on all of the above information regarding Mr. Winters [sic]
ocular status, it is my opinion that Mr. Winters does possess
sufficient vision to operate a commercial vehicle safely and would be
visually capable of performing any necessary driving tasks required.''
Mr. Winters reported that he has driven tractor-trailer combinations
for 31 years, accumulating 3.88 million miles. He holds a Class A CDL
from Virginia. His driving record for the last 3 years shows one crash,
for which he was not at fault 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 https://www.regulations.gov and
put the docket number FMCSA-2016-0029 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 https://www.regulations.gov and
insert the docket number FMCSA-2016-0029 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: June 17, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-15221 Filed 6-27-16; 8:45 am]
BILLING CODE 4910-EX-P
