Qualification of Drivers; Exemption Applications; Vision, 45214-45217 [2016-16430]

Download as PDF 45214 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices hypoglycemic episodes in the past 5 years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes-related complications. Each meets the vision requirement at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the December 29, 2015, Federal Register notice and they will not be repeated in this notice. IV. Discussion of Comments FMCSA received no comments in this proceeding. mstockstill on DSK3G9T082PROD with NOTICES V. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants’ ITDM and vision, and reviewed the treating endocrinologists’ medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that in each case exempting these applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. VI. Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and they include the following: (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 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 provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual VerDate Sep<11>2014 18:30 Jul 11, 2016 Jkt 238001 medical examination; 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. VII. Conclusion Based upon its evaluation of the 55 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above 49 CFR 391.64(b)). William G. Adams (CA) Elmer W. Barrall (DE) Earl Bland (MO) Richard W. Bostwick, II (MA) Kevin Bracken (PA) Donald L. Callahan (KY) Mark A. Carlson (MI) Charles W. Clark (TX) Korey D. Clark (MI) Michael A. Craig (NC) Roderick E. Dean (NJ) Mary K. Dillon (PA) Eugene N. Dirl (PA) Kevin F. Dykes (MA) Richard L. Engle (KY) Christopher J. Frank (NY) Matthew E. Fry (KS) Al Glover, Jr. (LA) Jimmy H. Goacher (NC) Jim B. Gonzalez (OR) Nathaniel K. Hamilton (TX) Michael D. Henry (OH) Douglas E. Hensley (MO) Jon C. Hicks (PA) Kevin F. Hoffman (PA) Jerry A. Huffman (NC) Daurell A. Jones (MD) Larry C. Krueger (NE) Chad M. Kuck (AK) Stephen B. Lenhart (OH) Donald R. Leonard, Jr. (NH) Jack D. McAlister (NH) John K. Moorhead (KY) Sandra R. Moultrie (GA) John M. Olmstead (IN) Dustin M. Parker (VT) Patrick E. Patch (NY) Howard L. Peacock (KS) Carl F. Piekenbrock, Jr. (PA) Chauncey W. Pittman (IN) William Raben (GA) James E. Richardson (NY) Gerald C. Rosencrans (PA) Henry J. Russo (NJ) Richard G. Schumann (NJ) Jefferson L. Smith (MA) Troy T. Sunnarborg (MN) Ohnedaruth M. Swain, Sr. (PA) George W. Toro (NY) PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 Hugh S. Wacker (IL) Kristopher L. Ward (WI) David C. Wheat (TX) William R. White (MI) Curtis L. Worsfold (NE) Jason D. Zagorski (NC) In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (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. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: July 5, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–16428 Filed 7–11–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0030] 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 18 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 August 11, 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– 2016–0030 using any of the following methods: SUMMARY: E:\FR\FM\12JYN1.SGM 12JYN1 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 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. mstockstill on DSK3G9T082PROD with NOTICES 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: VerDate Sep<11>2014 18:30 Jul 11, 2016 Jkt 238001 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 18 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 Travis A. Beckum Mr. Beckum, 29, has had optic atrophy in his right eye since childhood. The visual acuity in his right eye is counting fingers, and in his left eye, 20/ 20. Following an examination in 2016, his optometrist stated, ‘‘I feel Mr. Beckum is safe to operate a commercial motor vehicle given the vision we tested today.’’ Mr. Beckum reported that he has driven tractor-trailer combinations for 3 years, accumulating 79,500 miles. He holds a Class AM CDL from Georgia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Steve Benton Mr. Benton, 53, has had a prosthetic left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2015, his optometrist stated, ‘‘I certify that Mr. Steve Benton has sufficient vision to perform the driving task required to operate a commercial vehicle.’’ Mr. Benton reported that he has driven straight trucks for 5 years, accumulating 75,000 miles. He holds an operator’s license from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Caleb E. Boulware Mr. Boulware, 33, has a prosthetic left eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2016, his optometrist stated, ‘‘If the findings submitted are sufficient for DOT requirements for CDL [sic] then in my opinion Mr. Boulware has sufficient PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 45215 vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Boulware reported that he has driven straight trucks for 17 years, accumulating 68,000 miles. He holds a Class B CDL from Kansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. David E. Campbell Mr. Campbell, 57, has had exotropia and amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/25, and in his left eye, 20/400. Following an examination in 2016, his ophthalmologist stated that Mr. Campbell does have sufficient vision to perform the driving tasks required to operate a CMV. Mr. Campbell reported that he has driven straight trucks for 36 years, accumulating 2.88 million miles, and tractor-trailer combinations for 36 years, accumulating 3.24 million miles. He holds a Class AM CDL from New York. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James G. Cothren Mr. Cothren, 49, has had a prosthetic right eye since birth. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘In my opinion, this patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Cothren reported that he has driven straight trucks for 5 years, accumulating 125,000 miles, and tractor-trailer combinations for 20 years, accumulating 2 million miles. He holds a Class A CDL from Georgia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Nenad Harnos Mr. Harnos, 41, has a corneal scar in his left eye due to a traumatic incident in 2000. The visual acuity in his right eye is 20/20, and in his left eye, counting fingers. Following an examination in 2016, his optometrist stated, ‘‘His right eye meets all criteria for a CDL.’’ Mr. Harnos reported that he has driven straight trucks for 3 years, accumulating 195,000 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. Matthew D. Hormann Mr. Hormann, 41, has a retinal scar in his right eye due to a traumatic incident in 1992. The visual acuity in his right E:\FR\FM\12JYN1.SGM 12JYN1 45216 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices eye is counting fingers, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘I feel with Matts [sic] record of driving and his past 24 years of driving with this central vision loss OD he should qualify for an exemption and be given a CDL certificate.’’ Mr. Hormann reported that he has driven straight trucks for 25 years, accumulating 27,500 miles, and tractor-trailer combinations for 22 years, accumulating 220,000 miles. He holds a Class A CDL from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James W. Jones Mr. Jones, 63, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/70, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘I do not believe that Mr. Jones [sic] vision will affect his ability to operate a commercial vehicle especially since his visual field is full and left eye is correctable to 20/20.’’ Mr. Jones reported that he has driven straight trucks for 37 years, accumulating 550,000 miles, and tractor-trailer combinations for 18 years, accumulating 540,000 miles. He holds an operator’s license from Alabama. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. mstockstill on DSK3G9T082PROD with NOTICES Louis M. Jones Mr. Jones, 40, has a prosthetic left eye due to a traumatic incident in 2006. 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, ‘‘Based on the criteria necessary to operate a commercial motor vehicle by the Federal Motor Carrier Safety Administration, it is my medical opinion that Mr. Jones meets the requirements in the right eye.’’ Mr. Jones reported that he has driven straight trucks for 3 years, accumulating 150,000 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. Duane R. Martin Mr. Martin, 53, has a prosthetic right eye due to a traumatic incident in childhood. 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, ‘‘My medical opinion is that Mr. Duane Martin has sufficient vision in his left eye to perform the driving tasks VerDate Sep<11>2014 18:30 Jul 11, 2016 Jkt 238001 required to operate his commercial vehicle.’’ Mr. Martin reported that he has driven straight trucks for 20 years, accumulating 600,000 miles, and tractor-trailer combinations for 4 years, accumulating 100,000 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. Roger S. Orr Mr. Orr, 49, has a cataract 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, counting fingers. Following an examination in 2016, his optometrist stated, ‘‘At this time, I do feel that Roger Orr has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Orr reported that he has driven straight trucks for 6 years, accumulating 138,000 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. Johnny A. Peery, Jr. Mr. Peery, 50, has had a prosthetic left eye since 2001. The visual acuity in his right eye is 20/25, and in his left eye, no light perception. Following an examination in 2015, his optometrist stated, ‘‘Pt [sic] has sufficient vision to operate a commercial vehicle.’’ Mr. Peery reported that he has driven straight trucks for 31 years, accumulating 620,000 miles, and tractor-trailer combinations for 31 years, accumulating 775,000 miles. He holds a Class AM CDL from Maryland. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. J.W. Ray Mr. Ray, 72, has a retinal scar in his left eye due to a traumatic incident in 1953. The visual acuity in his right eye is 20/20, and in his left eye, 20/200. Following an examination in 2016, his optometrist stated, ‘‘In my medical opinion Mr. Ray has the visual capability to operate a commercial vehicle.’’ Mr. Ray reported that he has driven tractor-trailer combinations for 40 years, accumulating 1.81 million 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. Richard D. Shryock Mr. Shryock, 48, has had amblyopia in his right eye since birth. The visual acuity in his right eye is 20/400, and in PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 his left eye, 20/20. Following an examination in 2016, his ophthalmologist stated, ‘‘I certify in my medical opinion that Mr. Shryock has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Shryock reported that he has driven straight trucks for 30 years, accumulating 900,000 miles, and tractor-trailer combinations for 24 years, accumulating 1.68 million 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. Steven D. Sodders Mr. Sodders, 64, has had complete loss of vision in his right eye since 2009 due to melanoma. 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, the patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Sodders reported that he has driven straight trucks for 37 years, accumulating 426,240 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. Jerry M. Stearns, Jr. Mr. Stearns, 34, has had a central scotoma in his left eye since 2008. The visual acuity in his right eye is 20/15, and in his left eye, counting fingers. Following an examination in 2016, his optometrist stated, ‘‘Mr. Stearns has sufficient vision and visual fields to operate a commercial vehicle.’’ Mr. Stearns, reported that he has driven straight trucks for 18 years, accumulating 540,000 miles. He holds an operator’s license from Arkansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Keith R. Tyler Mr. Tyler, 40, has had panuveitis in his left eye since childhood. The visual acuity in his right eye is 20/15, and in his left eye, no light perception. Following an examination in 2015, his ophthalmologist stated, ‘‘I certify in my medical opinion that Mr. Keith Tyler has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Tyler reported that he has driven buses for 19 years, accumulating 190,000 miles. He holds a Class B CDL from North Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. E:\FR\FM\12JYN1.SGM 12JYN1 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices as being available in the docket, go to http://www.regulations.gov and insert the docket number FMCSA–2016–0030 in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click ‘‘Open DocketFolder’’ 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. III. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. mstockstill on DSK3G9T082PROD with NOTICES James L. Yingst Mr. Yingst, 53, has had blindness 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 2015, his optometrist stated, ‘‘After performing a visual examination of Mr. Yingst it is in my professional opinion he is visually able to safely operate a commercial vehicle.’’ Mr. Yingst reported that he has driven tractor-trailer combinations for 30 years, accumulating 360,000 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. [FR Doc. 2016–16430 Filed 7–11–16; 8:45 am] Submitting Comments If you submit a comment, please include the docket number for this notice, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and put the docket number FMCSA–2016–0030 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 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. Federal Motor Carrier Safety Administration Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble VerDate Sep<11>2014 18:30 Jul 11, 2016 Jkt 238001 Issued on: June 29, 2016. Larry W. Minor, Associate Administrator for Policy. BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION [Docket No. FMCSA–2012–0032] 45217 ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line FDMS is available 24 hours each day, 365 days each year. 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: For information concerning this notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202–366– 4325. Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation Commercial Driver’s License Standards: Application for Exemption; Daimler Trucks North America (Daimler) Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. AGENCY: FMCSA announces its decision to grant an exemption to Daimler Trucks North America (Daimler) for one of its commercial motor vehicle (CMV) drivers. Daimler requested a five-year exemption from the Federal requirement to hold a U.S. commercial driver’s license (CDL) for Ms. Melanie Baumann, executive assistant to the head of the Daimler Trucks and Bus Division. Ms. Baumann holds a valid German commercial license and wants to test drive Daimler vehicles on U.S. roads to better understand product requirements in ‘‘real world’’ environments, and verify results. Daimler believes the requirements for a German commercial license ensure that operation under the exemption will likely achieve a level of safety equivalent to or greater than the level that would be obtained in the absence of the exemption. DATES: This exemption is effective June 30, 2016, and expires June 29, 2021. ADDRESSES: Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12–140 on the SUMMARY: PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, ‘‘FMCSA–2012–0032 in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document 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. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews the safety analyses and the public comments, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the E:\FR\FM\12JYN1.SGM 12JYN1

Agencies

[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Pages 45214-45217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16430]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0030]


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 18 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 August 11, 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-2016-0030 using any of the 
following methods:

[[Page 45215]]

     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., 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 18 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

Travis A. Beckum

    Mr. Beckum, 29, has had optic atrophy in his right eye since 
childhood. The visual acuity in his right eye is counting fingers, and 
in his left eye, 20/20. Following an examination in 2016, his 
optometrist stated, ``I feel Mr. Beckum is safe to operate a commercial 
motor vehicle given the vision we tested today.'' Mr. Beckum reported 
that he has driven tractor-trailer combinations for 3 years, 
accumulating 79,500 miles. He holds a Class AM CDL from Georgia. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Steve Benton

    Mr. Benton, 53, has had a prosthetic left eye since childhood. The 
visual acuity in his right eye is 20/20, and in his left eye, no light 
perception. Following an examination in 2015, his optometrist stated, 
``I certify that Mr. Steve Benton has sufficient vision to perform the 
driving task required to operate a commercial vehicle.'' Mr. Benton 
reported that he has driven straight trucks for 5 years, accumulating 
75,000 miles. He holds an operator's license from Texas. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Caleb E. Boulware

    Mr. Boulware, 33, has a prosthetic left eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is 20/20, and 
in his left eye, no light perception. Following an examination in 2016, 
his optometrist stated, ``If the findings submitted are sufficient for 
DOT requirements for CDL [sic] then in my opinion Mr. Boulware has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Boulware reported that he has driven straight 
trucks for 17 years, accumulating 68,000 miles. He holds a Class B CDL 
from Kansas. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

David E. Campbell

    Mr. Campbell, 57, has had exotropia and amblyopia in his left eye 
since childhood. The visual acuity in his right eye is 20/25, and in 
his left eye, 20/400. Following an examination in 2016, his 
ophthalmologist stated that Mr. Campbell does have sufficient vision to 
perform the driving tasks required to operate a CMV. Mr. Campbell 
reported that he has driven straight trucks for 36 years, accumulating 
2.88 million miles, and tractor-trailer combinations for 36 years, 
accumulating 3.24 million miles. He holds a Class AM CDL from New York. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

James G. Cothren

    Mr. Cothren, 49, has had a prosthetic right eye since birth. The 
visual acuity in his right eye is no light perception, and in his left 
eye, 20/20. Following an examination in 2016, his optometrist stated, 
``In my opinion, this patient has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Cothren 
reported that he has driven straight trucks for 5 years, accumulating 
125,000 miles, and tractor-trailer combinations for 20 years, 
accumulating 2 million miles. He holds a Class A CDL from Georgia. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Nenad Harnos

    Mr. Harnos, 41, has a corneal scar in his left eye due to a 
traumatic incident in 2000. The visual acuity in his right eye is 20/
20, and in his left eye, counting fingers. Following an examination in 
2016, his optometrist stated, ``His right eye meets all criteria for a 
CDL.'' Mr. Harnos reported that he has driven straight trucks for 3 
years, accumulating 195,000 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.

Matthew D. Hormann

    Mr. Hormann, 41, has a retinal scar in his right eye due to a 
traumatic incident in 1992. The visual acuity in his right

[[Page 45216]]

eye is counting fingers, and in his left eye, 20/20. Following an 
examination in 2016, his optometrist stated, ``I feel with Matts [sic] 
record of driving and his past 24 years of driving with this central 
vision loss OD he should qualify for an exemption and be given a CDL 
certificate.'' Mr. Hormann reported that he has driven straight trucks 
for 25 years, accumulating 27,500 miles, and tractor-trailer 
combinations for 22 years, accumulating 220,000 miles. He holds a Class 
A CDL from Minnesota. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

James W. Jones

    Mr. Jones, 63, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/70, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``I do 
not believe that Mr. Jones [sic] vision will affect his ability to 
operate a commercial vehicle especially since his visual field is full 
and left eye is correctable to 20/20.'' Mr. Jones reported that he has 
driven straight trucks for 37 years, accumulating 550,000 miles, and 
tractor-trailer combinations for 18 years, accumulating 540,000 miles. 
He holds an operator's license from Alabama. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Louis M. Jones

    Mr. Jones, 40, has a prosthetic left eye due to a traumatic 
incident in 2006. 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, ``Based on the criteria necessary to operate a 
commercial motor vehicle by the Federal Motor Carrier Safety 
Administration, it is my medical opinion that Mr. Jones meets the 
requirements in the right eye.'' Mr. Jones reported that he has driven 
straight trucks for 3 years, accumulating 150,000 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.

Duane R. Martin

    Mr. Martin, 53, has a prosthetic right eye due to a traumatic 
incident in childhood. 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, ``My medical opinion is that Mr. Duane 
Martin has sufficient vision in his left eye to perform the driving 
tasks required to operate his commercial vehicle.'' Mr. Martin reported 
that he has driven straight trucks for 20 years, accumulating 600,000 
miles, and tractor-trailer combinations for 4 years, accumulating 
100,000 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.

Roger S. Orr

    Mr. Orr, 49, has a cataract 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, counting fingers. Following an examination in 2016, 
his optometrist stated, ``At this time, I do feel that Roger Orr has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Orr reported that he has driven straight 
trucks for 6 years, accumulating 138,000 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.

Johnny A. Peery, Jr.

    Mr. Peery, 50, has had a prosthetic left eye since 2001. The visual 
acuity in his right eye is 20/25, and in his left eye, no light 
perception. Following an examination in 2015, his optometrist stated, 
``Pt [sic] has sufficient vision to operate a commercial vehicle.'' Mr. 
Peery reported that he has driven straight trucks for 31 years, 
accumulating 620,000 miles, and tractor-trailer combinations for 31 
years, accumulating 775,000 miles. He holds a Class AM CDL from 
Maryland. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

J.W. Ray

    Mr. Ray, 72, has a retinal scar in his left eye due to a traumatic 
incident in 1953. The visual acuity in his right eye is 20/20, and in 
his left eye, 20/200. Following an examination in 2016, his optometrist 
stated, ``In my medical opinion Mr. Ray has the visual capability to 
operate a commercial vehicle.'' Mr. Ray reported that he has driven 
tractor-trailer combinations for 40 years, accumulating 1.81 million 
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.

Richard D. Shryock

    Mr. Shryock, 48, has had amblyopia in his right eye since birth. 
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, ``I 
certify in my medical opinion that Mr. Shryock has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Shryock reported that he has driven straight trucks for 30 years, 
accumulating 900,000 miles, and tractor-trailer combinations for 24 
years, accumulating 1.68 million 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.

Steven D. Sodders

    Mr. Sodders, 64, has had complete loss of vision in his right eye 
since 2009 due to melanoma. 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, the patient has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Sodders reported that he has driven straight 
trucks for 37 years, accumulating 426,240 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.

Jerry M. Stearns, Jr.

    Mr. Stearns, 34, has had a central scotoma in his left eye since 
2008. The visual acuity in his right eye is 20/15, and in his left eye, 
counting fingers. Following an examination in 2016, his optometrist 
stated, ``Mr. Stearns has sufficient vision and visual fields to 
operate a commercial vehicle.'' Mr. Stearns, reported that he has 
driven straight trucks for 18 years, accumulating 540,000 miles. He 
holds an operator's license from Arkansas. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Keith R. Tyler

    Mr. Tyler, 40, has had panuveitis in his left eye since childhood. 
The visual acuity in his right eye is 20/15, and in his left eye, no 
light perception. Following an examination in 2015, his ophthalmologist 
stated, ``I certify in my medical opinion that Mr. Keith Tyler has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Tyler reported that he has driven buses for 
19 years, accumulating 190,000 miles. He holds a Class B CDL from North 
Carolina. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

[[Page 45217]]

James L. Yingst

    Mr. Yingst, 53, has had blindness 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 2015, his optometrist stated, ``After performing a visual 
examination of Mr. Yingst it is in my professional opinion he is 
visually able to safely operate a commercial vehicle.'' Mr. Yingst 
reported that he has driven tractor-trailer combinations for 30 years, 
accumulating 360,000 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.

III. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.
Submitting Comments
    If you submit a comment, please include the docket number for this 
notice, indicate the specific section of this document to which each 
comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online or by 
fax, mail, or hand delivery, but please use only one of these means. 
FMCSA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so the 
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
put the docket number FMCSA-2016-0030 in the ``Keyword'' box, and click 
``Search. When the new screen appears, click on ``Comment Now!'' button 
and type your comment into the text box in the following screen. Choose 
whether you are submitting your comment as an individual or on behalf 
of a third party and then submit. If you submit your comments by mail 
or hand delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you 
submit comments by mail and would like to know that they reached the 
facility, please enclose a stamped, self-addressed postcard or 
envelope.
    FMCSA will consider all comments and material received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.
Viewing Comments and Documents
    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov and 
insert the docket number FMCSA-2016-0030 in the ``Keyword'' box and 
click ``Search.'' Next, click ``Open DocketFolder'' 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 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-16430 Filed 7-11-16; 8:45 am]
BILLING CODE 4910-EX-P