Qualification of Drivers; Exemption Applications; Vision, 86063-86067 [2016-28680]

Download as PDF Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Random Drug and Alcohol Testing Percentage Rates of Covered Aviation Employees for the Period of January 1, 2017, Through December 31, 2017 Issued in Washington, DC, on November 16, 2016. James R. Fraser, Federal Air Surgeon. [FR Doc. 2016–28555 Filed 11–28–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration (FAA), DOT. AGENCY: ACTION: Federal Motor Carrier Safety Administration Notice. [Docket No. FMCSA–2016–0212] The FAA has determined that the minimum random drug and alcohol testing percentage rates for the period January 1, 2017, through December 31, 2017, will remain at 25 percent of safety-sensitive employees for random drug testing and 10 percent of safetysensitive employees for random alcohol testing. SUMMARY: Ms. Vicky Dunne, Office of Aerospace Medicine, Drug Abatement Division, Program Policy Branch (AAM–820), Federal Aviation Administration, 800 Independence Avenue SW., Room 806, Washington, DC 20591; Telephone (202) 267–8442. Discussion: Pursuant to 14 CFR 120.109(b), the FAA Administrator’s decision on whether to change the minimum annual random drug testing rate is based on the reported random drug test positive rate for the entire aviation industry. If the reported random drug test positive rate is less than 1.00%, the Administrator may continue the minimum random drug testing rate at 25%. In 2015, the random drug test positive rate was 0.523%. Therefore, the minimum random drug testing rate will remain at 25% for calendar year 2017. Similarly, 14 CFR 120.217(c), requires the decision on the minimum annual random alcohol testing rate to be based on the random alcohol test violation rate. If the violation rate remains less than 0.50%, the Administrator may continue the minimum random alcohol testing rate at 10%. In 2015, the random alcohol test violation rate was 0.083%. Therefore, the minimum random alcohol testing rate will remain at 10% for calendar year 2017. asabaliauskas on DSK3SPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: If you have questions about how the annual random testing percentage rates are determined please refer to the Code of Federal Regulations Title 14, section 120.109(b) (for drug testing), and 120.217(c) (for alcohol testing). SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:48 Nov 28, 2016 Jkt 241001 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 31 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 December 29, 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– 2016–0212 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note that all comments received will be posted without change to http:// www.regulations.gov, including any SUMMARY: PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 86063 personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a 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. 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. FOR FURTHER INFORMATION CONTACT: 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 31 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. E:\FR\FM\29NON1.SGM 29NON1 86064 Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices II. Qualifications of Applicants James A. Bartolo Jr. Mr. Bartolo, 59, has a chorioretinal scar in his right eye due to a traumatic incident in 1980. 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, ‘‘Ocular Trauma, nail went in eye, 1980. He has been stable for over 20 years . . . James has driven without any problems and I do not foresee any problems driving a commercial vehicle in the future.’’ Mr. Bartolo reported that he has driven straight trucks for 16 years, accumulating 480,000 miles. He holds an operator’s license from California. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. asabaliauskas on DSK3SPTVN1PROD with NOTICES Harry S. Bumps Mr. Bumps, 68, has glaucoma in his left eye due to a traumatic incident in 1976. The visual acuity in his right eye is 20/20, and in his left eye, hand motion. Following an examination in 2016, his ophthalmologist stated, ‘‘In my opinion I feel he has sufficient vision to operate a commercial vehicle.’’ Mr. Bumps reported that he has driven straight trucks for 40 years, accumulating 360,000 miles and tractortrailer combinations for 40 years, accumulating 200,000 miles. He holds a Class A CDL from Vermont. His driving record for the last 3 years shows one crash for ‘‘limitation on backing for due regard to safety’’ and no convictions for moving violations in a CMV. Brian T. Castoldi Mr. Castoldi, 44, has a central vein occlusion in his right eye since 2012. The visual acuity in his right eye is 20/ 80, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘Given Brian’s visual handicap, I believe he is both capable and safe to drive a commercial vehicle.’’ Mr. Castoldi reported that he has driven straight trucks for 8 years, accumulating 874,000 miles and tractor-trailer combinations for 9 years, accumulating 1.23 million miles. He holds an operator’s license from Connecticut. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. William B. Friend Mr. Friend, 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, 20/150. Following an examination in 2016, his ophthalmologist stated, ‘‘In my medical VerDate Sep<11>2014 17:48 Nov 28, 2016 Jkt 241001 opinion, I feel that he has sufficient vision to perform required [sic] to operate a commercial vehicle as he has adapted to his visual changed [sic] in his left eye over a course of his lifetime and it appears to cause him no limitations at this time.’’ Mr. Friend reported that he has driven straight trucks for 38 years, accumulating 570,000 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. Willie George Mr. George, 70, has a macular scar in his right eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/100, and in his left eye, 20/25. Following an examination in 2016, his ophthalmologist stated, ‘‘In my opinion, Mr. Willie George level [sic] vision is sufficient for him to continue to operate a commercial vehicle.’’ Mr. George reported that he has driven straight trucks for 15 years, accumulating 510,000 miles, and tractor-trailer combinations for 30 years, accumulating 2.25 million miles. He holds a Class A CDL from New York. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. David E. Goff Mr. Goff, 62, has had a retinal detachment in his right eye since 1978. The visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘In my opinion, Mr. Goff has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Goff reported that he has driven straight trucks for 15 years, accumulating 45,000 miles, and tractor-trailer combinations for 10 years, accumulating 12,000 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. Michal Golebiowski Mr. Golebiowski, 36, has 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, ‘‘In my opinion Mr. Golebiowski regardless his left eye blindness and mil [sic] protanopia has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Golebiowski reported that he has driven tractor-trailer combinations for 17 years, accumulating 1.36 million miles. He PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 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. Dana L. Gould Mr. Gould, 55, 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 optometrist stated, ‘‘In my opinion, Mr. Gould has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Gould reported that he has driven straight trucks for 30 years, accumulating 150,000 miles. He holds a Class B CDL from Maine. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Johnny J. Gowdy Mr. Gowdy, 64, has complete loss of vision in his right eye due to a traumatic incident in 2003. 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 medical opinion, Mr. Gowdy has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Gowdy reported that he has driven tractortrailer combinations for 40 years, accumulating 2.6 million miles. He holds an operator’s license from Mississippi. His driving record for the last 3 years shows no crashes and 2 convictions for moving violations in a CMV; one for exceeding the speed limit by 16 mph and the other for exceeding the speed limit by 15 mph. Richard E. Hadler Mr. Hadler, 49, has had a macular scar in his left eye since 2011. 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, ‘‘I feel Mr. Hadler’s vision is stable for a commercial driver’s license.’’ Mr. Hadler reported that he has driven straight trucks for 2 years, accumulating 120,000 miles, and tractor-trailer combinations for 17 years, accumulating 2.04 million miles. He holds a Class A CDL from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Donald J. Harrison Mr. Harrison, 28, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/80, and in his left eye, 20/25. Following an examination in 2016, his optometrist stated, ‘‘Donald meets all the vision E:\FR\FM\29NON1.SGM 29NON1 Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices requirements listed for the exemption program and therefore I believe he has sufficient vision required to perform the driving tasks required to operate a commercial vehicle [sic].’’ Mr. Harrison reported that he has driven straight trucks for 9 years, accumulating 18,000 miles, and tractor-trailer combinations for 9 years, accumulating 18,000 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. Channing L. Herrell Mr. Herrell, 47, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/60. Following an examination in 2016, his optometrist stated, ‘‘It is my professional opinion that the patient meets the visual requirements to operate a commercial vehicle.’’ Mr. Herrell reported that he has driven straight trucks for 26 years, accumulating 13,000 miles, and tractortrailer combinations for 26 years, accumulating 23,400 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. asabaliauskas on DSK3SPTVN1PROD with NOTICES Loyd F. Hovey Mr. Hovey, 67, has exotropia 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, 20/25. Following an examination in 2016, his optometrist stated, ‘‘He demonstrates sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Hovey reported that he has driven straight trucks for 51 years, accumulating 1 million miles, and tractor-trailer combinations for 35 years, accumulating 2.63 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. George T. Huffman Jr. Mr. Huffman, 53, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/300. Following an examination in 2016, his optometrist stated, ‘‘He is now 52 years old and has driven commercially previously, and currently has sufficient vision to perform driving tasks required to operate a commercial vehicle, as nothing has changed visually.’’ Mr. Huffman reported that he has driven tractor-trailer combinations for 29 years, accumulating 2.9 million miles. He holds a Class A CDL from Illinois. His VerDate Sep<11>2014 17:48 Nov 28, 2016 Jkt 241001 driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Daniel E. Kinney Mr. Kinney, 63, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/150. Following an examination in 2016, his ophthalmologist stated, ‘‘He has been driving a commercial vehicle for several years without incident and his current ophthalmologic [sic] status is unchanged for several years. I believe that he is qualified to operate a commercial vehicle.’’ Mr. Kinney reported that he has driven tractortrailer combinations for 40 years, accumulating 478,000 miles. He holds a Class AM CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Shane M. Lovell Mr. Lovell, 25, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/80, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘Based on the results of this testing I believe Mr. Lovell qualifies for a medical exemption regarding his visual status. Although he has permanently reduced acuity in a single eye his peripheral vision and binocular acuity remain adequate based on the requirements set forth by the FMCSA.’’ Mr. Lovell reported that he has driven straight trucks for 4 years, accumulating 40,000 miles, and tractor-trailer combinations for 4 years, accumulating 420,000 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. Jason W. Mack Mr. Mack, 34, has chorioretinal scarring in his right eye due to a traumatic incident childhood. The visual acuity in his right eye is 20/50, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘In my opinion, Jason’s vision loss does not prohibit him from operating a commercial vehicle.’’ Mr. Mack reported that he has driven straight trucks for 15 years, accumulating 375,000 miles. He holds an operator’s license from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 86065 Terry G. Montgomery Mr. Montgomery, 62, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/50, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘In my medical opinion as a license [sic] optometrist, Mr. Montgomery has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Montgomery reported that he has driven straight trucks for 37 years, accumulating 19,240 miles. He holds a Class A CDL from Indiana. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. John P. O’Doherty Mr. O’Doherty, 53, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/70. Following an examination in 2016, his optometrist stated, ‘‘It is my opinion that Mr. O’Doherty has sufficient vision for a commercial driver’s license.’’ Mr. O’Doherty reported that he has driven straight trucks for 4 years, accumulating 100,000 miles, and tractor-trailer combinations for 21 years, accumulating 18.9 million miles. He holds a Class A CDL from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Antonio Rivera Mr. Rivera, 53, has complete loss of vision in his right eye due to a traumatic incident in 1990. 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, ‘‘I believe Mr. Antonio Rivera has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Rivera reported that he has driven tractor-trailer combinations for 13 years, accumulating 1.3 million miles. He holds a Class A CDL from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Julio Rivera Mr. Rivera, 68, has had optic nerve atrophy in his left eye since 2007. The visual acuity in his right eye is 20/20, and in his left eye, count fingers. Following an examination in 2016, his ophthalmologist stated, ‘‘Using both eyes, sufficient vision is present (20/20 ou) to perform Driving [sic] tasks Required [sic] to operate a commercial vehicle.’’ Mr. Rivera reported that he has driven tractor-trailer combinations E:\FR\FM\29NON1.SGM 29NON1 86066 Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices for 18 years, accumulating 558,000 miles. He holds a Class A CDL from Florida. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Steve C. Sinclair Mr. Sinclair, 66, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/70, and in his left eye, 20/25. Following an examination in 2016, his optometrist stated, ‘‘He has a history of congenital strabismic amblyopia. Based on the last visual field test, there is no indication that the visual field in either eye is adversely affected, and the visual fields should not impede Mr. Sinclair’s ability to operate a commercial vehicle.’’ Mr. Sinclair reported that he has driven straight trucks for 32 years, accumulating 1.28 million miles. He holds an operator’s license from Iowa. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Jerrell L. Smith Mr. Smith, 32, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/50, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘I feel his vision is stable and is capable of operating a commercial vehicle.’’ Mr. Smith reported that he has driven straight trucks for 5 years, accumulating 125,000 miles, and tractor-trailer combinations for 5 years, accumulating 25,000 miles. He holds a Class AM CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. asabaliauskas on DSK3SPTVN1PROD with NOTICES Ricky E. Smith Mr. Smith, 55, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/50, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘In my opinion Mr. Smith’s vision in his right eye will not limit his ability to drive a commercial vehicle; and his condition is stable and should not worsen over time.’’ Mr. Smith reported that he has driven straight trucks for 37 years, accumulating 740,000 miles, tractor-trailer combinations for 37 years, accumulating 185,000 miles, and buses for 37 years, accumulating 37,000 miles. He holds a Class A CDL from Georgia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. VerDate Sep<11>2014 17:48 Nov 28, 2016 Jkt 241001 Venton E. Smith Mr. Smith, 45, has had amblyopia in his right 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 optometrist stated, ‘‘Mr. Venton has sufficient vision to continue operating a vehicle with caution. Please note that I am not a vehicle examiner and my opinion alone cannot determine Mr. Venton’s ability to operate a commercial vehicle. The purpose of this letter is to summarize testing required by the DOT.’’ Mr. Smith reported that he has driven straight trucks for 3 years, accumulating 195,000 miles. He holds a Class A CDL from California. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Willie J. Smith Mr. Smith, 58, has central corneal opacity in his right eye due to a traumatic incident in 1985. 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, ‘‘Given that he has a long-standing medical condition that he is fully adapted to with the left eye being fully functional, in my medical opinion he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Smith reported that he has driven tractor-trailer combinations for 36 years, accumulating 7.87 million miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Glen W. Stake Jr. Mr. Stake, 43, has had eccentric fixation in his left eye due to retrobulbar optic nerve damage since childhood. The visual acuity in his right eye is 20/ 25, and in his left eye, 20/80. Following an examination in 2016, his optometrist stated, ‘‘I feel that he will safely pass and use a commercial driver’s license, despite retrobulbar optic nerve damage form accident at age 5.’’ Mr. Stake reported that he has driven straight trucks for 6 years, accumulating 300,000 miles, and tractor-trailer combinations for 16 years, accumulating 1.6 million 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. John D. Stork Mr. Stork, 57, has had a prosthetic in his right eye due to a traumatic incident in 1984. The visual acuity in his right eye is no light perception, and in his left PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 eye, 20/20. Following an examination in 2016, his ophthalmologist stated, ‘‘Upon visual field findings included and full eye exam, I find the patient can perform the driving tasks required to operate a commercial vehicle.’’ Mr. Stork reported that he has driven straight trucks for 14 years, accumulating 840,000 miles, and tractor-trailer combinations for 10 years, accumulating 540,000 miles. He holds a Class AM CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. David T. Tann Mr. Tann, 35, 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 optometrist stated, ‘‘Mr. Tann’s vision in his left eye has been weak since childhood, this is nothing new and is stable. Mr. Tann should have no problems operating a commercial vehicles.’’ Mr. Tann reported that he has driven tractortrailer combinations for 6 years, accumulating 90,000 miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Jeremy M. Trager Mr. Trager, 35, has choroidal melanoma in his right eye since 2012. 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 believe he should have sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Trager reported that he has driven straight trucks for 9 years, accumulating 32,400 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. James R. Wagner Mr. Wagner, 62, 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 optometrist stated, ‘‘It is my opinion that Mr. Wagner has sufficient visual ability at present to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Wagner reported that he has driven straight trucks for 38 years, accumulating 988,000 miles. He holds an operator’s license from Illinois. His driving record for the last 3 years shows no crashes and 1 conviction for a E:\FR\FM\29NON1.SGM 29NON1 Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices moving violation in a CMV; speeding 15–20 mph above the limit. 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–2016–0212 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. asabaliauskas on DSK3SPTVN1PROD with NOTICES 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–2016–0212 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. VerDate Sep<11>2014 17:48 Nov 28, 2016 Jkt 241001 Issued on: November 17, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–28680 Filed 11–28–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION 86067 comments submitted to the docket, and has decided to grant the exemption from 49 CFR 383.25(c) and 49 CFR 383.73(a)(2)(iii) for a period of 2 years.’’ Issued on: November 22, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–28685 Filed 11–28–16; 8:45 am] Federal Motor Carrier Safety Administration BILLING CODE 4910–EX–P [Docket No. FMCSA–2015–0397] DEPARTMENT OF TRANSPORTATION Commercial Driver’s License: Oregon Department of Transportation; Application for Exemption, Correction Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration, DOT. ACTION: Notice of final disposition; grant of application for exemption; correction. AGENCY: The Federal Motor Carrier Safety Administration published its decision in the Federal Register of April 5, 2016, to grant the Oregon Department of Transportation (ODOT) and all other State Driver Licensing Agencies (SDLAs), a limited exemption from the commercial learner’s permit (CLP) requirement in 49 CFR 383.25(c). Due to an error, the exemption was not extended to include the CLP requirement in 49 CFR 383.73(a)(2)(iii). Today’s correction makes it clear that the exemption granted to ODOT and other SDLAs from the CLP requirements includes 49 CFR 383.25(c) and 49 CFR 383.73(a)(2)(iii). DATES: Effective on November 29, 2016. FOR FURTHER INFORMATION CONTACT: Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614–942–6477. 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: SUMMARY: Correction In the Federal Register of April 5, 2016, correct pages 19703 and 19705 as follows: On page 19703 in the first column, correct the SUMMARY first sentence to read, ‘‘FMCSA announces its decision to grant the Oregon Department of Transportation (ODOT) a limited exemption from the commercial learner’s permit (CLP) requirements in 49 CFR 383.25(c) and 49 CFR 383.73(a)(2)(iii).’’ On page 19705 in the first column, correct Section V. FMCSA Response and Decision first sentence to read, ‘‘The FMCSA has evaluated ODOT’s application on its merits following full consideration of the PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 [Docket No. FMCSA–2016–0196] Agency Information Collection Activities; Extension of a CurrentlyApproved Information Collection Request: Transportation of Hazardous Materials, Highway Routing Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. The FMCSA requests approval to extend an existing ICR titled, ‘‘Transportation of Hazardous Materials, Highway Routing.’’ The information reported by States and Indian tribes is necessary to identify designated/restricted routes and restrictions or limitations affecting how motor carriers may transport certain hazardous materials on their highways, including dates that such routes were established and information on subsequent changes or new hazardous materials routing designations. FMCSA received no comments in response to the 60-day Federal Register Notice published on July 29, 2016. DATES: Please send your comments by December 29, 2016. OMB must receive your comments by this date in order to act on the ICR. ADDRESSES: All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA–2016–0196. Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/Federal Motor Carrier Safety Administration, and sent via SUMMARY: E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 86063-86067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28680]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0212]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 31 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 December 29, 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-2016-0212 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, 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 31 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.

[[Page 86064]]

II. Qualifications of Applicants

James A. Bartolo Jr.

    Mr. Bartolo, 59, has a chorioretinal scar in his right eye due to a 
traumatic incident in 1980. 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, ``Ocular Trauma, nail went in eye, 
1980. He has been stable for over 20 years . . . James has driven 
without any problems and I do not foresee any problems driving a 
commercial vehicle in the future.'' Mr. Bartolo reported that he has 
driven straight trucks for 16 years, accumulating 480,000 miles. He 
holds an operator's license from California. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Harry S. Bumps

    Mr. Bumps, 68, has glaucoma in his left eye due to a traumatic 
incident in 1976. The visual acuity in his right eye is 20/20, and in 
his left eye, hand motion. Following an examination in 2016, his 
ophthalmologist stated, ``In my opinion I feel he has sufficient vision 
to operate a commercial vehicle.'' Mr. Bumps reported that he has 
driven straight trucks for 40 years, accumulating 360,000 miles and 
tractor-trailer combinations for 40 years, accumulating 200,000 miles. 
He holds a Class A CDL from Vermont. His driving record for the last 3 
years shows one crash for ``limitation on backing for due regard to 
safety'' and no convictions for moving violations in a CMV.

Brian T. Castoldi

    Mr. Castoldi, 44, has a central vein occlusion in his right eye 
since 2012. The visual acuity in his right eye is 20/80, and in his 
left eye, 20/20. Following an examination in 2016, his optometrist 
stated, ``Given Brian's visual handicap, I believe he is both capable 
and safe to drive a commercial vehicle.'' Mr. Castoldi reported that he 
has driven straight trucks for 8 years, accumulating 874,000 miles and 
tractor-trailer combinations for 9 years, accumulating 1.23 million 
miles. He holds an operator's license from Connecticut. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

William B. Friend

    Mr. Friend, 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/
150. Following an examination in 2016, his ophthalmologist stated, ``In 
my medical opinion, I feel that he has sufficient vision to perform 
required [sic] to operate a commercial vehicle as he has adapted to his 
visual changed [sic] in his left eye over a course of his lifetime and 
it appears to cause him no limitations at this time.'' Mr. Friend 
reported that he has driven straight trucks for 38 years, accumulating 
570,000 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.

Willie George

    Mr. George, 70, has a macular scar in his right eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/100, and in his left eye, 20/25. Following an examination in 2016, 
his ophthalmologist stated, ``In my opinion, Mr. Willie George level 
[sic] vision is sufficient for him to continue to operate a commercial 
vehicle.'' Mr. George reported that he has driven straight trucks for 
15 years, accumulating 510,000 miles, and tractor-trailer combinations 
for 30 years, accumulating 2.25 million miles. He holds a Class A CDL 
from New York. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

David E. Goff

    Mr. Goff, 62, has had a retinal detachment in his right eye since 
1978. The visual acuity in his right eye is hand motion, and in his 
left eye, 20/20. Following an examination in 2016, his optometrist 
stated, ``In my opinion, Mr. Goff has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Goff 
reported that he has driven straight trucks for 15 years, accumulating 
45,000 miles, and tractor-trailer combinations for 10 years, 
accumulating 12,000 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.

Michal Golebiowski

    Mr. Golebiowski, 36, has 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, ``In my opinion Mr. Golebiowski regardless his 
left eye blindness and mil [sic] protanopia has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Golebiowski reported that he has driven tractor-trailer 
combinations for 17 years, accumulating 1.36 million miles. He holds a 
Class A CDL from Illinois. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Dana L. Gould

    Mr. Gould, 55, 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 optometrist stated, ``In my 
opinion, Mr. Gould has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Gould reported that he 
has driven straight trucks for 30 years, accumulating 150,000 miles. He 
holds a Class B CDL from Maine. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Johnny J. Gowdy

    Mr. Gowdy, 64, has complete loss of vision in his right eye due to 
a traumatic incident in 2003. 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 medical opinion, Mr. Gowdy has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Gowdy reported that he has driven tractor-
trailer combinations for 40 years, accumulating 2.6 million miles. He 
holds an operator's license from Mississippi. His driving record for 
the last 3 years shows no crashes and 2 convictions for moving 
violations in a CMV; one for exceeding the speed limit by 16 mph and 
the other for exceeding the speed limit by 15 mph.

Richard E. Hadler

    Mr. Hadler, 49, has had a macular scar in his left eye since 2011. 
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, ``I feel 
Mr. Hadler's vision is stable for a commercial driver's license.'' Mr. 
Hadler reported that he has driven straight trucks for 2 years, 
accumulating 120,000 miles, and tractor-trailer combinations for 17 
years, accumulating 2.04 million miles. He holds a Class A CDL from 
Minnesota. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Donald J. Harrison

    Mr. Harrison, 28, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/80, and in his left 
eye, 20/25. Following an examination in 2016, his optometrist stated, 
``Donald meets all the vision

[[Page 86065]]

requirements listed for the exemption program and therefore I believe 
he has sufficient vision required to perform the driving tasks required 
to operate a commercial vehicle [sic].'' Mr. Harrison reported that he 
has driven straight trucks for 9 years, accumulating 18,000 miles, and 
tractor-trailer combinations for 9 years, accumulating 18,000 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.

Channing L. Herrell

    Mr. Herrell, 47, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
60. Following an examination in 2016, his optometrist stated, ``It is 
my professional opinion that the patient meets the visual requirements 
to operate a commercial vehicle.'' Mr. Herrell reported that he has 
driven straight trucks for 26 years, accumulating 13,000 miles, and 
tractor-trailer combinations for 26 years, accumulating 23,400 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.

Loyd F. Hovey

    Mr. Hovey, 67, has exotropia 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, 20/25. Following an examination in 
2016, his optometrist stated, ``He demonstrates sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Hovey reported that he has driven straight trucks for 51 years, 
accumulating 1 million miles, and tractor-trailer combinations for 35 
years, accumulating 2.63 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.

George T. Huffman Jr.

    Mr. Huffman, 53, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/300. 
Following an examination in 2016, his optometrist stated, ``He is now 
52 years old and has driven commercially previously, and currently has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle, as nothing has changed visually.'' Mr. Huffman 
reported that he has driven tractor-trailer combinations for 29 years, 
accumulating 2.9 million miles. He holds a Class A CDL from Illinois. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Daniel E. Kinney

    Mr. Kinney, 63, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
150. Following an examination in 2016, his ophthalmologist stated, ``He 
has been driving a commercial vehicle for several years without 
incident and his current ophthalmologic [sic] status is unchanged for 
several years. I believe that he is qualified to operate a commercial 
vehicle.'' Mr. Kinney reported that he has driven tractor-trailer 
combinations for 40 years, accumulating 478,000 miles. He holds a Class 
AM CDL from Illinois. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Shane M. Lovell

    Mr. Lovell, 25, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/80, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``Based 
on the results of this testing I believe Mr. Lovell qualifies for a 
medical exemption regarding his visual status. Although he has 
permanently reduced acuity in a single eye his peripheral vision and 
binocular acuity remain adequate based on the requirements set forth by 
the FMCSA.'' Mr. Lovell reported that he has driven straight trucks for 
4 years, accumulating 40,000 miles, and tractor-trailer combinations 
for 4 years, accumulating 420,000 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.

Jason W. Mack

    Mr. Mack, 34, has chorioretinal scarring in his right eye due to a 
traumatic incident childhood. The visual acuity in his right eye is 20/
50, and in his left eye, 20/20. Following an examination in 2016, his 
optometrist stated, ``In my opinion, Jason's vision loss does not 
prohibit him from operating a commercial vehicle.'' Mr. Mack reported 
that he has driven straight trucks for 15 years, accumulating 375,000 
miles. He holds an operator's license from Pennsylvania. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Terry G. Montgomery

    Mr. Montgomery, 62, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/50, and in his left 
eye, 20/20. Following an examination in 2016, his optometrist stated, 
``In my medical opinion as a license [sic] optometrist, Mr. Montgomery 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Montgomery reported that he has driven 
straight trucks for 37 years, accumulating 19,240 miles. He holds a 
Class A CDL from Indiana. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

John P. O'Doherty

    Mr. O'Doherty, 53, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/70. Following an examination in 2016, his optometrist stated, 
``It is my opinion that Mr. O'Doherty has sufficient vision for a 
commercial driver's license.'' Mr. O'Doherty reported that he has 
driven straight trucks for 4 years, accumulating 100,000 miles, and 
tractor-trailer combinations for 21 years, accumulating 18.9 million 
miles. He holds a Class A CDL from Minnesota. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Antonio Rivera

    Mr. Rivera, 53, has complete loss of vision in his right eye due to 
a traumatic incident in 1990. 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, ``I believe Mr. Antonio Rivera has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Rivera reported that he has driven tractor-
trailer combinations for 13 years, accumulating 1.3 million miles. He 
holds a Class A CDL from Pennsylvania. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Julio Rivera

    Mr. Rivera, 68, has had optic nerve atrophy in his left eye since 
2007. The visual acuity in his right eye is 20/20, and in his left eye, 
count fingers. Following an examination in 2016, his ophthalmologist 
stated, ``Using both eyes, sufficient vision is present (20/20 ou) to 
perform Driving [sic] tasks Required [sic] to operate a commercial 
vehicle.'' Mr. Rivera reported that he has driven tractor-trailer 
combinations

[[Page 86066]]

for 18 years, accumulating 558,000 miles. He holds a Class A CDL from 
Florida. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Steve C. Sinclair

    Mr. Sinclair, 66, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/70, and in his left 
eye, 20/25. Following an examination in 2016, his optometrist stated, 
``He has a history of congenital strabismic amblyopia. Based on the 
last visual field test, there is no indication that the visual field in 
either eye is adversely affected, and the visual fields should not 
impede Mr. Sinclair's ability to operate a commercial vehicle.'' Mr. 
Sinclair reported that he has driven straight trucks for 32 years, 
accumulating 1.28 million miles. He holds an operator's license from 
Iowa. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Jerrell L. Smith

    Mr. Smith, 32, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``I feel 
his vision is stable and is capable of operating a commercial 
vehicle.'' Mr. Smith reported that he has driven straight trucks for 5 
years, accumulating 125,000 miles, and tractor-trailer combinations for 
5 years, accumulating 25,000 miles. He holds a Class AM CDL from Texas. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Ricky E. Smith

    Mr. Smith, 55, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``In my 
opinion Mr. Smith's vision in his right eye will not limit his ability 
to drive a commercial vehicle; and his condition is stable and should 
not worsen over time.'' Mr. Smith reported that he has driven straight 
trucks for 37 years, accumulating 740,000 miles, tractor-trailer 
combinations for 37 years, accumulating 185,000 miles, and buses for 37 
years, accumulating 37,000 miles. He holds a Class A CDL from Georgia. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Venton E. Smith

    Mr. Smith, 45, has had amblyopia in his right 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 optometrist stated, ``Mr. Venton 
has sufficient vision to continue operating a vehicle with caution. 
Please note that I am not a vehicle examiner and my opinion alone 
cannot determine Mr. Venton's ability to operate a commercial vehicle. 
The purpose of this letter is to summarize testing required by the 
DOT.'' Mr. Smith reported that he has driven straight trucks for 3 
years, accumulating 195,000 miles. He holds a Class A CDL from 
California. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Willie J. Smith

    Mr. Smith, 58, has central corneal opacity in his right eye due to 
a traumatic incident in 1985. 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, ``Given that he has a long-standing 
medical condition that he is fully adapted to with the left eye being 
fully functional, in my medical opinion he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Smith reported that he has driven tractor-trailer combinations for 
36 years, accumulating 7.87 million miles. He holds a Class A CDL from 
Texas. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Glen W. Stake Jr.

    Mr. Stake, 43, has had eccentric fixation in his left eye due to 
retrobulbar optic nerve damage since childhood. The visual acuity in 
his right eye is 20/25, and in his left eye, 20/80. Following an 
examination in 2016, his optometrist stated, ``I feel that he will 
safely pass and use a commercial driver's license, despite retrobulbar 
optic nerve damage form accident at age 5.'' Mr. Stake reported that he 
has driven straight trucks for 6 years, accumulating 300,000 miles, and 
tractor-trailer combinations for 16 years, accumulating 1.6 million 
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.

John D. Stork

    Mr. Stork, 57, has had a prosthetic in his right eye due to a 
traumatic incident in 1984. 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, ``Upon visual field findings 
included and full eye exam, I find the patient can perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Stork reported 
that he has driven straight trucks for 14 years, accumulating 840,000 
miles, and tractor-trailer combinations for 10 years, accumulating 
540,000 miles. He holds a Class AM CDL from Illinois. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

David T. Tann

    Mr. Tann, 35, 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 optometrist stated, ``Mr. 
Tann's vision in his left eye has been weak since childhood, this is 
nothing new and is stable. Mr. Tann should have no problems operating a 
commercial vehicles.'' Mr. Tann reported that he has driven tractor-
trailer combinations for 6 years, accumulating 90,000 miles. He holds a 
Class A CDL from North Carolina. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Jeremy M. Trager

    Mr. Trager, 35, has choroidal melanoma in his right eye since 2012. 
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 
believe he should have sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Trager reported that he 
has driven straight trucks for 9 years, accumulating 32,400 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.

James R. Wagner

    Mr. Wagner, 62, 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 optometrist stated, ``It is 
my opinion that Mr. Wagner has sufficient visual ability at present to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Wagner reported that he has driven straight trucks for 38 years, 
accumulating 988,000 miles. He holds an operator's license from 
Illinois. His driving record for the last 3 years shows no crashes and 
1 conviction for a

[[Page 86067]]

moving violation in a CMV; speeding 15-20 mph above the limit.

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-2016-0212 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-2016-0212 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: November 17, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-28680 Filed 11-28-16; 8:45 am]
BILLING CODE 4910-EX-P