Qualification of Drivers; Exemption Applications; Vision, 72664-72667 [2016-25380]

Download as PDF 72664 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices issues that would compromise their ability to safely operate a CMV during the previous two-year exemption period. FMCSA has concluded that renewing the exemptions for each of these applicants is likely to achieve a level of safety equal to that existing without the exemption. Therefore, FMCSA has decided to renew each exemption for a two-year period. In accordance with 49 U.S.C. 31136(e) and 31315, each driver has received a renewed exemption. As of June 9, 2016, David Crowe (VA) has satisfied the renewal conditions for obtaining an exemption from the Epilepsy and Seizure Disorders prohibition in 49 CFR 391.41(b)(8) from driving CMVs in interstate commerce (79 FR 23054). This driver was included in FMCSA–2013–0109. The exemption was effective on June 9, 2016, and will expire on June 9, 2018. As of June 24, 2016, the following 9 individuals have satisfied the renewal conditions for obtaining an exemption from the Epilepsy and Seizure Disorders prohibition in 49 CFR 391.41(b)(8) from driving CMVs in interstate commerce (79 FR 73400): Travis Arend (VA) Heath Crowe (LA) Richard Degnan (AZ) Peter DellaRocco (PA) Domenick Panfie (NJ) Scott Reaves (TX) Milton Tatham (NV) Thomas Tincher (VA) Duane Troff (MN) These drivers were included in FMCSA–2013–0444. The exemptions were effective on June 24, 2016, and will expire on June 24, 2018. mstockstill on DSK3G9T082PROD with NOTICES IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must remain seizure-free and maintain a stable treatment during the two-year exemption period; (2) each driver must submit annual reports from their treating physicians attesting to the stability of treatment and that the driver has remained seizure-free; (3) each driver must undergo an annual medical examination by a certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each driver must provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file or keep a copy of his/her driver’s qualification file if he/she is self-employed. The driver must have a copy of the exemption when driving for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 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. V. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 10 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the Epilepsy and Seizure Disorders requirement in 49 CFR 391.41 (b)(8). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA. Issued on: October 13, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–25385 Filed 10–19–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0210] 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 22 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 November 21, 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 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 System (FDMS) Docket No. FMCSA– 2016–0210 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 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. FOR FURTHER INFORMATION CONTACT: Ms. 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. E:\FR\FM\20OCN1.SGM 20OCN1 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices 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 22 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 mstockstill on DSK3G9T082PROD with NOTICES Gary A. Behrends Mr. Behrends, 58, has had amblyopia in his right eye since birth. The visual acuity in his right eye is 20/100, and in his left eye, 20/15. Following an examination in 2016, his optometrist stated, ‘‘In my medical opinion Gary has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Behrends reported that he has driven straight trucks for 40 years, accumulating 400,000 miles, and tractor-trailer combinations for 40 years, accumulating 400,000 miles. He holds an operator’s license from Nebraska. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Harry R. Brewer Mr. Brewer, 53, has a macular scar in his left eye due to a traumatic incident in 1994. 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 professional medical opinion, Mr. Harry Rex Brewer has sufficient vision to safely perform the driving tasks necessary to operate a commercial vehicle.’’ Mr. Brewer reported that he has driven straight trucks for 26 years, accumulating 1.56 million miles. He holds a Class A CDL from Tennessee. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Johnnie B. Bush Mr. Bush, 69, has had a prosthetic right eye since childhood. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2016, his VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 optometrist stated, ‘‘Vision is sufficient in the left eye to operate a commercial vehicle.’’ Mr. Bush reported that he has driven straight trucks for 42 years, accumulating 84,000 miles, and tractortrailer combinations for 42 years, accumulating 2.14 million 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. Nathan J. Bute Mr. Bute, 35, has a prosthetic left eye due to a traumatic incident in 2003. 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 of my opinion that Nathan’s visual condition is stable, & suitable for operation of a commercial vehicle.’’ Mr. Bute reported that he has driven straight trucks for 7 years, accumulating 109,200 miles. He holds an operator’s license from Indiana. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Gary L. Cox Mr. Cox, 51, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/400, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘He has normal color vision and has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Cox reported that he has driven straight trucks for 3 years, accumulating 62,400 miles. He holds an operator’s license from Kentucky. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Kevin J. Embrey Mr. Embrey, 43, 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 2016, his ophthalmologist stated, ‘‘In my medial [sic] opinion, he has sufficient vision to perform the driving task required to operate a commercial vehicle.’’ Mr. Embrey reported that he has driven straight trucks for 24 years, accumulating 360,000 miles. He holds a Class B CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Peter J. Faber Mr. Faber, 54, has had amblyopia in his left eye since childhood. The visual PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 72665 acuity in his right eye is 20/20, and in his left eye, 20/100. Following an examination in 2016, his ophthalmologist stated, ‘‘In my medical opinion, Peter J. Faber, DOB 8/21/1962, has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Faber reported that he has driven tractortrailer combinations for 5 years, accumulating 600,000 miles. He holds a Class A CDL from Nebraska. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Ricky L. Gillum Mr. Gillum, 49, has had a retinal detachment in his right eye since 2011. The visual acuity in his right eye is 20/ 400, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘I believe Mr. Gillum has sufficient vision to drive a commercial vehicle based on his left eye measurements.’’ Mr. Gillum reported that he has driven straight trucks for 30 years, accumulating 2.25 million miles, and tractor-trailer combinations for 19 years, accumulating 1.24 million miles. He holds a Class A CDL Ohio. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Johnny E. Hill Mr. Hill, 45, has enucleation in his right eye due to a traumatic incident in 2013. 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, ‘‘Mr. Hill meets the vision waiver requirements for a CDL and should be able to operate a commercial vehicle.’’ Mr. Hill reported that he has driven straight trucks for 2 years, accumulating 168,000 miles, and tractor-trailer combinations for 8 years, accumulating 520,000 miles. He holds a Class AM CDL from Alabama. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Justin A. Hooper Mr. Hooper, 38, has glaucoma in his right eye due to a traumatic incident in 2012. 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, ‘‘In my medical opinion he has adequate vision to operate a commercial motor vehicle.’’ Mr. Hooper reported that he has driven straight trucks for 17 years, accumulating 765,000 miles, and tractor-trailer combinations for 13 years, accumulating 65,000 miles. He holds a E:\FR\FM\20OCN1.SGM 20OCN1 72666 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices 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. John R. Horst Mr. Horst, 71, has had macular atrophy in his right eye due to histoplasmosis since 1980. The visual acuity in his right eye is 20/200, and in his left eye, 20/15. Following an examination in 2016, his optometrist stated, ‘‘It is my opinion that Mr. Horst has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Horst reported that he has driven straight trucks for 52 years, accumulating 1.09 million miles, and tractor-trailer combinations for 47 years, accumulating 235,000 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. mstockstill on DSK3G9T082PROD with NOTICES Robert E. Kelley, Jr. Mr. Kelley, 55, has amblyopia 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, 20/50. Following an examination in 2016, his ophthalmologist stated, ‘‘Based on the requirements of the DOT the patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle’’ Mr. Kelley reported that he has driven straight trucks for 17 years, accumulating 255,000 miles, and tractor-trailer combinations for 1 years, accumulating 10,000 miles. He holds an operator’s license from Washington. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. David L. Manktelow Mr. Manktelow, 39, has had amblyopia in his left eye since birth. 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, ‘‘It is my medical opinion that Mr. Manktelow has sufficient vision to operate a commercial vehicle.’’ Mr. Manktelow reported that he has driven tractortrailer combinations for 10 years, accumulating 175,000 miles. He holds a Class A CDL from Massachusetts. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James F. McLaughlin Mr. McLaughlin, 54, 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. VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 Following an examination in 2016, his optometrist stated, ‘‘James has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. McLaughlin reported that he has driven straight trucks for 35 years, accumulating 700,000 miles. He holds an operator’s license from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Derrick P. Moore Mr. Moore, 37, has had cataract in his right eye since birth. The visual acuity in his right eye is hand motion, and in his left eye, 20/15. Following an examination in 2016, his optometrist stated that Mr. Moore does have sufficient vision to perform the driving tasks required to operate a CMV. Mr. Moore reported that he has driven straight trucks for 21 years, accumulating 420,000 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. Richard L. Moores Mr. Moores, 41, has optic neuropathy and maculopathy in his left eye due to a traumatic incident in 1998. The visual acuity in his right eye is 20/20, and in his left eye, 20/400. Following an examination in 2016, his ophthalmologist stated, ‘‘In my medical opinion Richard Moores has sufficient central and peripheral vision OD to operate a commercial vehicle.’’ Mr. Moores reported that he has driven straight trucks for 24 years, accumulating 120,000 miles, and tractor-trailer combinations for 5 years, accumulating 6,250 miles. He holds a Class A CDL from Colorado. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Brian T. Morrison Mr. Morrison, 42, has optic atrophy in his left eye due to a traumatic incident in 1993. The visual acuity in his right eye is 20/15, and in his left eye, 20/100. Following an examination in 2016, his optometrist stated, ‘‘Optic Atrophy . . . The patient has been driving with a commercial driving license since 1996 without accident. [sic] and this adds to my opinion that he can drive safely [sic] at the present time and meets the licenses requirement.’’ Mr. Morrison reported that he has driven straight trucks for 12 years, accumulating 360,000 miles, and tractor-trailer combinations for 6 years, accumulating 30,000 miles. He holds a Class A CDL PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 from Missouri. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Tad W. Sexsmith Mr. Sexsmith, 34, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/15, and in his left eye, 20/50. Following an examination in 2016, his optometrist stated, ‘‘In my professional opinion, I certify that Tad Sexsmith has sufficient vision abilities to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Smith reported that he has driven straight trucks for 8 years, accumulating 320,000 miles. He holds a Class B CDL from Washington. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Dennis M. Varga, Jr. Mr. Varga, 37, has had a prosthetic right eye since birth. The visual acuity in his right eye is no light perception, and in his left eye, 20/15. Following an examination in 2016, his optometrist stated, ‘‘Mr. Varga was born with a nonfunctional right eye and does not have binocular vision. We would request that with his flawless record as a CDL holder, you would grant the necessary medical waiver for him to continue with both inter and intra-state driving privileges.’’ Mr. Varga reported that he has driven straight trucks for 18 years, accumulating 360,000 miles, and tractor-trailer combinations for 18 years, accumulating 18,000 miles. He holds a Class A CDL from Ohio. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Michael J. Weber Mr. Weber, 28, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/200. Following an examination in 2016, his ophthalmologist stated, ‘‘It is my opinion that Mr. Weber has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Weber reported that he has driven straight trucks for 4 years, accumulating 6,000 miles, tractor-trailer combinations for 4 years, accumulating 6,000 miles, and buses for 4 years, accumulating 4,000 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. E:\FR\FM\20OCN1.SGM 20OCN1 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices Mark B. Wilmer Mr. Wilmer, 54, 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 2016, his optometrist stated, ‘‘With these test results and Mark’s past driving record, I feel he is qualified to safely operate a commercial vehicle.’’ Mr. Wilmer reported that he has driven straight trucks for 3 years, accumulating 900 miles, and tractortrailer combinations for 20 years, accumulating 30,000 miles. He holds a Class A CDL from Virginia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Hezekiah Woodrup Sr. Mr. Woodrup, 62, has a retinal scar 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, 20/30. Following an examination in 2016, his optometrist stated, ‘‘It is in my opinion, that the patient meets vision requirements for use of commercial vehicle and is able to perform the driving tasks required to operate the vehicle.’’ Mr. Woodrup reported that he has driven straight trucks for 7 years, accumulating 210,000 miles. He holds an operator’s license from Maryland. 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 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–2016–0210 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 VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 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. 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–2016–0210 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: October 14, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–25380 Filed 10–19–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2016–0025] Notice of Buy America Waiver of Domestic Content Requirement for Minivans and Vans AGENCY: Federal Transit Administration, DOT. ACTION: Notice of Buy America public interest waiver. SUMMARY: In response to a formal petition from the Pace Suburban Bus Division of the Regional Transportation Authority (Pace) requesting a Buy America non-availability waiver to purchase 188 Dodge Caravan minivans for its vanpool program and informal requests from other FTA recipients for similar waivers, and because FTA has been unable to identify any minivan manufacturers who meet both the final assembly and domestic content requirements for non-ADA-accessible minivans, the Federal Transit PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 72667 Administrative (FTA) hereby waives its Buy America domestic content requirement for non-ADA-accessible minivans and vans. FTA’s requirement for final assembly in the United States is not waived. This waiver applies to all contracts for the procurement of nonADA-accessible minivans and vans entered into on or before September 30, 2019, or until a fully-compliant domestic source becomes available, whichever is earlier. FOR FURTHER INFORMATION CONTACT: Cecelia Comito, Assistant Chief Counsel, Office of the Chief Counsel, phone: (202) 366–2217, or email, Cecelia.Comito@dot.gov. SUPPLEMENTARY INFORMATION: FTA received a formal request from Pace for a Buy America non-availability waiver to purchase 188 Dodge Caravan minivans for its vanpool program. Minivans are considered rolling stock and are subject to the Buy America waiver set forth in 49 U.S.C. 5323(j)(2)(C), which requires that (i) rolling stock, including minivans, contain more than 60 percent domestic content, and (ii) final assembly of the vehicles occurs in the United States. Although initially Pace sought a waiver of only the final assembly requirement, Pace augmented its request to include a waiver of the domestic content and final assembly requirements. By way of background, Pace operates a vanpool program in the Chicago suburban area with more than 785 vehicles in service. A vanpool vehicle is defined, in pertinent part, as a vehicle with a seating capacity of at least six adults (not including the driver). See 49 U.S.C. 5323(i)(2)(C)(ii). In October 2014, Pace issued an invitation for bid (IFB) for a five-year contract for the purchase of sevenperson, non-ADA-accessible minivans. The successful bidder, Napoleon Fleet, Inc., proposed Dodge Caravan minivans, but certified that the vehicles were not compliant with the Buy America requirement because the vehicles are not assembled in the United States, but are assembled in Canada. On April 15, 2015, Pace petitioned FTA for a nonavailability waiver to procure 188 Dodge Caravan minivans, believing that the vehicles would be able to meet the domestic content requirement. In August 2015 and November 2015, however, Pace conducted pre-award Buy America audits of the Dodge Caravan minivans and discovered that the Dodge Caravan did not meet the current domestic content requirement of more than 60% US-made components. Pace informed FTA that the audit showed a 57.4% domestic content for E:\FR\FM\20OCN1.SGM 20OCN1

Agencies

[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72664-72667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25380]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0210]


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 22 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 November 21, 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-2016-0210 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
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: Ms. 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.

[[Page 72665]]


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 22 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

Gary A. Behrends

    Mr. Behrends, 58, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/100, and in his left eye, 20/
15. Following an examination in 2016, his optometrist stated, ``In my 
medical opinion Gary has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Behrends reported that 
he has driven straight trucks for 40 years, accumulating 400,000 miles, 
and tractor-trailer combinations for 40 years, accumulating 400,000 
miles. He holds an operator's license from Nebraska. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Harry R. Brewer

    Mr. Brewer, 53, has a macular scar in his left eye due to a 
traumatic incident in 1994. 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 professional medical opinion, Mr. Harry Rex 
Brewer has sufficient vision to safely perform the driving tasks 
necessary to operate a commercial vehicle.'' Mr. Brewer reported that 
he has driven straight trucks for 26 years, accumulating 1.56 million 
miles. He holds a Class A CDL from Tennessee. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Johnnie B. Bush

    Mr. Bush, 69, has had a prosthetic right eye since childhood. The 
visual acuity in his right eye is no light perception, and in his left 
eye, 20/20. Following an examination in 2016, his optometrist stated, 
``Vision is sufficient in the left eye to operate a commercial 
vehicle.'' Mr. Bush reported that he has driven straight trucks for 42 
years, accumulating 84,000 miles, and tractor-trailer combinations for 
42 years, accumulating 2.14 million 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.

Nathan J. Bute

    Mr. Bute, 35, has a prosthetic left eye due to a traumatic incident 
in 2003. 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 of my opinion that Nathan's visual 
condition is stable, & suitable for operation of a commercial 
vehicle.'' Mr. Bute reported that he has driven straight trucks for 7 
years, accumulating 109,200 miles. He holds an operator's license from 
Indiana. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Gary L. Cox

    Mr. Cox, 51, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``He has 
normal color vision and has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Cox reported that 
he has driven straight trucks for 3 years, accumulating 62,400 miles. 
He holds an operator's license from Kentucky. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Kevin J. Embrey

    Mr. Embrey, 43, 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 2016, his ophthalmologist stated, ``In 
my medial [sic] opinion, he has sufficient vision to perform the 
driving task required to operate a commercial vehicle.'' Mr. Embrey 
reported that he has driven straight trucks for 24 years, accumulating 
360,000 miles. He holds a Class B CDL from Illinois. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Peter J. Faber

    Mr. Faber, 54, 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/
100. Following an examination in 2016, his ophthalmologist stated, ``In 
my medical opinion, Peter J. Faber, DOB 8/21/1962, has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Faber reported that he has driven tractor-trailer 
combinations for 5 years, accumulating 600,000 miles. He holds a Class 
A CDL from Nebraska. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Ricky L. Gillum

    Mr. Gillum, 49, has had a retinal detachment in his right eye since 
2011. The visual acuity in his right eye is 20/400, and in his left 
eye, 20/20. Following an examination in 2016, his optometrist stated, 
``I believe Mr. Gillum has sufficient vision to drive a commercial 
vehicle based on his left eye measurements.'' Mr. Gillum reported that 
he has driven straight trucks for 30 years, accumulating 2.25 million 
miles, and tractor-trailer combinations for 19 years, accumulating 1.24 
million miles. He holds a Class A CDL Ohio. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Johnny E. Hill

    Mr. Hill, 45, has enucleation in his right eye due to a traumatic 
incident in 2013. 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, ``Mr. Hill meets the vision waiver 
requirements for a CDL and should be able to operate a commercial 
vehicle.'' Mr. Hill reported that he has driven straight trucks for 2 
years, accumulating 168,000 miles, and tractor-trailer combinations for 
8 years, accumulating 520,000 miles. He holds a Class AM CDL from 
Alabama. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Justin A. Hooper

    Mr. Hooper, 38, has glaucoma in his right eye due to a traumatic 
incident in 2012. 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, ``In my medical opinion he has adequate vision 
to operate a commercial motor vehicle.'' Mr. Hooper reported that he 
has driven straight trucks for 17 years, accumulating 765,000 miles, 
and tractor-trailer combinations for 13 years, accumulating 65,000 
miles. He holds a

[[Page 72666]]

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.

John R. Horst

    Mr. Horst, 71, has had macular atrophy in his right eye due to 
histoplasmosis since 1980. The visual acuity in his right eye is 20/
200, and in his left eye, 20/15. Following an examination in 2016, his 
optometrist stated, ``It is my opinion that Mr. Horst has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Horst reported that he has driven straight trucks for 52 
years, accumulating 1.09 million miles, and tractor-trailer 
combinations for 47 years, accumulating 235,000 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.

Robert E. Kelley, Jr.

    Mr. Kelley, 55, has amblyopia 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, 20/50. Following an examination in 2016, his 
ophthalmologist stated, ``Based on the requirements of the DOT the 
patient has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle'' Mr. Kelley reported that he has driven 
straight trucks for 17 years, accumulating 255,000 miles, and tractor-
trailer combinations for 1 years, accumulating 10,000 miles. He holds 
an operator's license from Washington. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

David L. Manktelow

    Mr. Manktelow, 39, has had amblyopia in his left eye since birth. 
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, ``It is 
my medical opinion that Mr. Manktelow has sufficient vision to operate 
a commercial vehicle.'' Mr. Manktelow reported that he has driven 
tractor-trailer combinations for 10 years, accumulating 175,000 miles. 
He holds a Class A CDL from Massachusetts. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

James F. McLaughlin

    Mr. McLaughlin, 54, 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, 
``James has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. McLaughlin reported that he has 
driven straight trucks for 35 years, accumulating 700,000 miles. He 
holds an operator's license from Minnesota. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Derrick P. Moore

    Mr. Moore, 37, has had cataract in his right eye since birth. The 
visual acuity in his right eye is hand motion, and in his left eye, 20/
15. Following an examination in 2016, his optometrist stated that Mr. 
Moore does have sufficient vision to perform the driving tasks required 
to operate a CMV. Mr. Moore reported that he has driven straight trucks 
for 21 years, accumulating 420,000 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.

Richard L. Moores

    Mr. Moores, 41, has optic neuropathy and maculopathy in his left 
eye due to a traumatic incident in 1998. The visual acuity in his right 
eye is 20/20, and in his left eye, 20/400. Following an examination in 
2016, his ophthalmologist stated, ``In my medical opinion Richard 
Moores has sufficient central and peripheral vision OD to operate a 
commercial vehicle.'' Mr. Moores reported that he has driven straight 
trucks for 24 years, accumulating 120,000 miles, and tractor-trailer 
combinations for 5 years, accumulating 6,250 miles. He holds a Class A 
CDL from Colorado. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Brian T. Morrison

    Mr. Morrison, 42, has optic atrophy in his left eye due to a 
traumatic incident in 1993. The visual acuity in his right eye is 20/
15, and in his left eye, 20/100. Following an examination in 2016, his 
optometrist stated, ``Optic Atrophy . . . The patient has been driving 
with a commercial driving license since 1996 without accident. [sic] 
and this adds to my opinion that he can drive safely [sic] at the 
present time and meets the licenses requirement.'' Mr. Morrison 
reported that he has driven straight trucks for 12 years, accumulating 
360,000 miles, and tractor-trailer combinations for 6 years, 
accumulating 30,000 miles. He holds a Class A CDL from Missouri. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Tad W. Sexsmith

    Mr. Sexsmith, 34, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/15, and in his left 
eye, 20/50. Following an examination in 2016, his optometrist stated, 
``In my professional opinion, I certify that Tad Sexsmith has 
sufficient vision abilities to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Smith reported that he has driven 
straight trucks for 8 years, accumulating 320,000 miles. He holds a 
Class B CDL from Washington. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Dennis M. Varga, Jr.

    Mr. Varga, 37, has had a prosthetic right eye since birth. The 
visual acuity in his right eye is no light perception, and in his left 
eye, 20/15. Following an examination in 2016, his optometrist stated, 
``Mr. Varga was born with a non-functional right eye and does not have 
binocular vision. We would request that with his flawless record as a 
CDL holder, you would grant the necessary medical waiver for him to 
continue with both inter and intra-state driving privileges.'' Mr. 
Varga reported that he has driven straight trucks for 18 years, 
accumulating 360,000 miles, and tractor-trailer combinations for 18 
years, accumulating 18,000 miles. He holds a Class A CDL from Ohio. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Michael J. Weber

    Mr. Weber, 28, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2016, his ophthalmologist stated, ``It 
is my opinion that Mr. Weber has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Weber 
reported that he has driven straight trucks for 4 years, accumulating 
6,000 miles, tractor-trailer combinations for 4 years, accumulating 
6,000 miles, and buses for 4 years, accumulating 4,000 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.

[[Page 72667]]

Mark B. Wilmer

    Mr. Wilmer, 54, 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 2016, his optometrist stated, ``With 
these test results and Mark's past driving record, I feel he is 
qualified to safely operate a commercial vehicle.'' Mr. Wilmer reported 
that he has driven straight trucks for 3 years, accumulating 900 miles, 
and tractor-trailer combinations for 20 years, accumulating 30,000 
miles. He holds a Class A CDL from Virginia. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Hezekiah Woodrup Sr.

    Mr. Woodrup, 62, has a retinal scar 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, 20/30. Following an examination in 2016, 
his optometrist stated, ``It is in my opinion, that the patient meets 
vision requirements for use of commercial vehicle and is able to 
perform the driving tasks required to operate the vehicle.'' Mr. 
Woodrup reported that he has driven straight trucks for 7 years, 
accumulating 210,000 miles. He holds an operator's license from 
Maryland. 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-2016-0210 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-2016-0210 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: October 14, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25380 Filed 10-19-16; 8:45 am]
 BILLING CODE 4910-EX-P