Qualification of Drivers; Exemption Applications; Vision, 13187-13190 [2017-04664]
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Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices
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 also have a copy of the exemption
when driving, for presentation to a duly
authorized Federal, State, or local
enforcement official.
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 nine
exemption applications, FMCSA
exempts the following drivers from the
epilepsy/seizure standard, 49 CFR
391.41(b)(8), subject to the requirements
cited above:
Mark Beery (PA)
Douglas Cantwell (TN)
Mark McDaniel (IL)
Ronnie Moody (NC)
Tye Moore (IN)
Jack Porcellini (PA)
Jeffrey Rathman (CO)
Douglas Simms Jr. (NC)
Tara Van Horn (PA)
In accordance with 49 U.S.C.
31315(b)(1), each exemption is valid for
two years unless revoked earlier by
FMCSA. The exemption will be revoked
if the following occurs: (1) The
individual fails to comply with the
terms and conditions of the exemption;
(2) the exemption has resulted in a
lower level of safety than was
maintained prior to being granted; or (3)
continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136 and 31315.
Issued on: March 3, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–04643 Filed 3–8–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0213]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
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FMCSA announces receipt of
applications from 18 individuals for
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations. They are unable to meet
the vision requirement in one eye for
various reasons. The exemptions will
enable these individuals to operate
commercial motor vehicles (CMVs) in
interstate commerce without meeting
the prescribed vision requirement in
one eye. If granted, the exemptions
would enable these individuals to
qualify as drivers of commercial motor
vehicles (CMVs) in interstate commerce.
DATES: Comments must be received on
or before April 10, 2017. 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–
2016–0213 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., 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 https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., 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
SUMMARY:
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13187
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 18
individuals listed in this notice have
each requested such an exemption from
the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce.
Accordingly, the Agency will evaluate
the qualifications of each applicant to
determine whether granting an
exemption will achieve the required
level of safety mandated by statute.
II. Qualifications of Applicants
James M. Demgard
Mr. Demgard, 49, has a prosthetic left
eye due to a traumatic incident in 1996.
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, ‘‘I can
certify James has a perfectly normal
right eye in all aspects to perform the
visual tasks required for commercial
vehicle.’’ Mr. Demgard reported that he
has driven straight trucks for 29 years,
accumulating 536,500 miles. He holds
an operator’s license from New Jersey.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
David L. Erickson
Mr. Erickson, 66, has had amblyopia
in his right eye since birth. The visual
acuity in his right eye is 20/70, and in
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Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices
his left eye, 20/25. Following an
examination in 2016, his optometrist
stated, ‘‘His right eye has been
diagnosed with Amblyopia [sic] which
occurs at birth . . . In my professional
opinion, Mr. David Erickson is qualified
to obtain a commercial drivers [sic]
license and safely drive a commercial
vehicle on any major roadway.’’ Mr.
Erickson reported that he has driven
straight trucks for 30 years,
accumulating 510,000 miles, and
tractor-trailer combinations for 30 years,
accumulating 1.14 million miles. He
holds a Class A CDL from South Dakota.
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
Ray A. Fields
Mr. Fields, 64, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/25, and in
his left eye, 20/200. Following an
examination in 2016, his optometrist
stated, ‘‘It is my opinion that Ray’s eyes
and vision are such that he should be
allowed to continue with a CDL license
as required for his present job.’’ Mr.
Fields reported that he has driven
straight trucks for 7 years, accumulating
70,000 miles, and tractor-trailer
combinations for 7 years, accumulating
14,000 miles. He holds a Class A CDL
from Kansas. His driving record for the
last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Jeffrey L. Gardner
Mr. Gardner, 51, has aphakia in his
right eye due to removal of a congenital
cataract in childhood. The visual acuity
in his right eye is light perception, and
in his left eye, 20/20. Following an
examination in 2016, his optometrist
stated, ‘‘Due to the long standing nature
and stability of the patient’s vision
deficiency, he should have sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Gardner reported that he
has driven straight trucks for 16 years,
accumulating 160,000 miles, and
tractor-trailer combinations for 16 years,
accumulating 160,000 miles. He holds a
Class AM1 CDL from California. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Thomas A. Grigsby
Mr. Grigsby, has a macular scar in his
right eye due to a traumatic incident in
2013. The visual acuity in his right eye
is 20/250, and in his left eye, 20/20.
Following an examination in 2016, his
ophthalmologist stated, ‘‘Based on that
evidence, it would support the idea that
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he has sufficient vision to continue
driving the commercial vehicle that he
has done for the last three years without
any complications that I am aware of.’’
Mr. Grigsby reported that he has driven
tractor-trailer combinations for 7 years,
accumulating 875,000 miles. He holds a
Class A CDL from Arkansas. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Eugene C. Hamilton
Mr. Hamilton, 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
ophthalmologist stated, ‘‘In my opinion,
Mr. Hamilton should be able to continue
operating a commercial vehicle as he
has safely for many years. He has not
had any change in his condition over
the last decade.’’ Mr. Hamilton reported
that he has driven straight trucks for 25
years, accumulating 1 million 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.
Jay A. Harding
Mr. Harding, 54, has a macular scar in
his right eye due to a traumatic incident
in 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. Harding has more than
adequate vision to safely operate a
commercial motor vehicle.’’ Mr.
Harding reported that he has driven
straight trucks for 3 years, accumulating
105,000 miles, and tractor-trailer
combinations for 28 years, accumulating
2.8 million miles. He holds a Class A
CDL from Oregon. His driving record for
the last 3 years shows no crashes and
one conviction for a moving violation in
a CMV; he failed to stop when emerging
from an alley, driveway, or building.
Melvin L. Hipsley III
Mr. Hipsley, 54, has had neovascular
macular degeneration in his left eye
since 2013. 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
medical opinion that Mr. Hipsley has
sufficient vision to perform the driving
tasks required to continue to operate a
commercial vehicle.’’ Mr. Hipsley
reported that he has driven straight
trucks for 30 years, accumulating 1.2
million miles, and tractor-trailer
combinations for 20 years, accumulating
800,000 miles. He holds a Class AM
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CDL from Maryland. His driving record
for the last 3 years shows no crashes and
no convictions for moving violations in
a CMV.
Charlie E. Hoggard
Mr. Hoggard, 44, has had a
chorioretinal scar in his right eye due to
a traumatic incident in 1992. 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, ‘‘He suffered an explosive injury
to his eye approximately 24 years ago,
leaving him with a Chorioretinal Scar
overlying the macula. At this time, Mr.
Hoggard does not display any inability
to operate a commercial vehicle due to
his sustained injury from military
service.’’ Mr. Hoggard reported that he
has driven straight trucks for 24 years,
accumulating 1.25 million miles,
tractor-trailer combinations for 24 years,
accumulating 1.25 million miles, and
buses for 12 years, accumulating
180,000 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.
Richard S. Huzzard
Mr. Huzzard, 75, has had macular
degeneration in his right eye since 2013.
The visual acuity in his right eye is light
perception, and in his left eye, 20/20.
Following an examination in 2016, his
optometrist stated, ‘‘This certifies that in
my medical opinion, mr. Huzzard has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Huzzard reported that he
has driven straight trucks for 45 years,
accumulating 495,000 miles, and
tractor-trailer combinations for 45 years,
accumulating 729,000 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.
Kenneth E. Lewis
Mr. Lewis, 56, has had a dense
corneal scar in his right eye since 1998.
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, ‘‘Assuming
the results for the visual field
examination is normal in the left eye, it
is my opinion that Mr. Lewis possesses
sufficient vision in the left eye to safely
operate a commercial vehicle.’’ Mr.
Lewis reported that he has driven
straight trucks for 3 years, accumulating
226,080 miles. He holds a Class A CDL
from California. His driving record for
the last 3 years shows no crashes and no
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Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices
convictions for moving violations in a
CMV.
George J. Paxson, III
Mr. Paxson, 60, 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, ‘‘This patient
has strabismic amblyopia and exotropia
in the left eye which has been stable for
several decades. Based on this fact, it is
my medical opinion that he has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Paxson reported that he
has driven straight trucks for 39 years,
accumulating 711,750 miles. He holds
an operator’s license from Delaware. 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
Harlie C. Perryman, III
Mr. Perryman, 54, has a corneal scar
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, light perception. Following an
examination in 2016, his
ophthalmologist stated, ‘‘Vision in Right
Eye is 20/20 meeting requirements to
operate a commercial vehicle.’’ Mr.
Perryman reported that he has driven
straight trucks for 25 years,
accumulating 575,000 miles. He holds
an operator’s license from Florida. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Menno H. Reiff
Mr. Reiff, 55, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is 20/200,
and in his left eye, 20/20. Following an
examination in 2016, his optometrist
stated, ‘‘He would be absolutely safe to
drive a commercial vehicle and to see
traffic signals. He does not have any
limitations from his vision because of
his amblyopia whatsoever.’’ Mr. Reiff
reported that he has driven straight
trucks for 6 years, accumulating 48,000
miles and tractor-trailer combinations
for 24 years, accumulating 768,000
miles. He holds a Class A CDL from
Pennsylvania. His driving record for the
last 3 years shows no crashes but two
convictions in a CMV, one for an
improper turn, and one for speeding; he
exceeded the speed limit by 5 mph.
Steven R. Richter, Jr.
Mr. Richter, 42, 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
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examination in 2016, his optometrist
stated, ‘‘Stable vision in right eye since
1998. It is my medical opinion that
Steve is safe to perform the driving tasks
required to commercial operate a motor
vehicle.’’ Mr. Richter reported that he
has driven straight trucks for 22 years,
accumulating 110,000 miles and tractortrailer combinations for 22 years,
accumulating 220,000 miles. He holds a
Class A CDL from Minnesota. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Robert R. Schwabe
Mr. Schwabe, 43, has had a retinal
hamartoma in his right eye since 2007.
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, ‘‘In my opinion, Mr.
Schwabe’s visual capabilities are
sufficient to perform the visual tasks
required to operate a commercial
vehicle.’’ Mr. Schwabe reported that he
has driven straight trucks for 2 years,
accumulating 1,000 miles, and tractortrailer combinations for 19 years,
accumulating 1.9 million miles. He
holds a Class A CDL from Washington.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Phillip Shelburne
Mr. Shelburne, 32, has a retinal
detachment in his left eye due to a
traumatic incident in childhood. The
visual acuity in his right eye is light
perception, and in his left eye, 20/20.
Following an examination in 2016, his
optometrist stated, ‘‘He has a history of
decreased vision in the right eye
secondary to trauma 30 years ago . . .
in my medical opinion he will have no
difficulties operating a commercial
vehicle.’’ Mr. Shelburne reported that he
has driven tractor-trailer combinations
for 8 years, accumulating 400,000 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.
Wade C. Uhlir
Mr. Uhlir, 42, has had a prosthetic left
eye due to anophthalmia since
childhood. The visual acuity in his right
eye is 20/30, and in his left eye, no light
perception. Following an examination
in 2016, his optometrist stated, ‘‘Based
on the vision testing as of July 20, 2016,
he can safely perform the driving visual
tasks required to operate a commercial
motor vehicle.’’ Mr. Uhlir reported that
he has driven tractor-trailer
combinations for 14 years, accumulating
1.82 million miles. He holds a Class A
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13189
CDL from Minnesota. 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
https://www.regulations.gov and put the
docket number FMCSA–2016–0213 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.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov and insert
the docket number FMCSA–2016–0213
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,
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Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices
between 9 a.m. and 5 p.m., e.t., Monday
through Friday, except Federal holidays.
Issued on: February 28, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–04664 Filed 3–8–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0314]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denials.
AGENCY:
FMCSA announces its
decision to deny applications from 14
individuals who requested an
exemption from the Federal Motor
Carrier Safety Regulations (FMCSRs)
prohibiting persons with a clinical
diagnosis of epilepsy or any other
condition that is likely to cause a loss
of consciousness or any loss of ability to
operate a commercial motor vehicle
(CMV) from operating CMVs in
interstate commerce.
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–
224, 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:
SUMMARY:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/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.
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
VerDate Sep<11>2014
17:43 Mar 08, 2017
Jkt 241001
comments, without edit, including any
personal information the commenter
provides, to https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
FMCSA received applications from 14
individuals who requested an
exemption from the FMCSRs
prohibiting persons with a clinical
diagnosis of epilepsy or any other
condition that is likely to cause a loss
of consciousness or any loss of ability to
operate a CMV from operating CMVs in
interstate commerce.
FMCSA has evaluated the eligibility
of these applicants and concluded that
granting these exemptions would not
provide a level of safety that would be
equivalent to or greater than, the level
of safety that would be obtained by
complying with the regulation 49 CFR
391.41(b)(8).
III. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for two
years if it finds ‘‘such an exemption
would likely achieve a level of safety
that is equivalent to, or greater than, the
level that would be achieved absent
such an exemption.’’
The Agency’s decision regarding these
exemption applications is based on the
eligibility criteria, the terms and
conditions for Federal exemptions, and
an individualized assessment of each
applicant’s medical information
provided by the applicant.
IV. Conclusion
The Agency has determined that these
applicants do not satisfy the criteria
eligibility or meet the terms and
conditions for a Federal exemption and
granting these exemptions would not
provide a level of safety that would be
equivalent to or greater than, the level
of safety that would be obtained by
complying with the regulation 49 CFR
391.41(b)(8). Therefore, the 14
applicants in this notice have been
denied exemptions from the physical
qualification standards in 49 CFR
391.41(b)(8).
Each applicant has, prior to this
notice, received a letter of final
disposition regarding his/her exemption
request. Those decision letters fully
outlined the basis for the denial and
constitutes final action by the Agency.
This notice summarizes the Agency’s
recent denials as required under 49
U.S.C. 31315(b)(4) by periodically
publishing names and reasons for
denial.
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The following 12 applicants do not
meet the minimum time requirement for
being seizure-free, either on or off of
anti-seizure medication:
Daniel Bretz (PA)
Hunter Domagala (ND)
Michael Duno (NY)
Paul Gibson (AZ)
Patrick Hall (NY)
Cody Hitchcock (PA)
Robert Newton (NV)
Christopher Sparacino (NY)
Alexander Stepp (VA)
Carlos Thompson (PA)
Mark Tucker (WA)
Terry Watson (NC)
The following applicant is a citizen of
Canada:
Jimmy Bore
The following applicant is an
intrastate driver:
Thomas Ork (NY)
Issued on: March 3, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–04637 Filed 3–8–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0154; FMCSA–
2014–0105]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew exemptions for 13
individuals from the hearing
requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) for
interstate commercial motor vehicle
(CMV) drivers. The exemptions enable
these hard of hearing and deaf
individuals to continue to operate CMVs
in interstate commerce.
DATES: The renewed exemptions were
effective on the dates stated in the
discussions below and will expire on
the dates stated in the discussions
below. Comments must be received on
or before April 10, 2017.
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–
224, Washington, DC 20590–0001.
SUMMARY:
E:\FR\FM\09MRN1.SGM
09MRN1
]]>Agencies
[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13187-13190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04664]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0213]
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 18 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. They are unable to meet the vision requirement in
one eye for various reasons. The exemptions will enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.
If granted, the exemptions would enable these individuals to qualify as
drivers of commercial motor vehicles (CMVs) in interstate commerce.
DATES: Comments must be received on or before April 10, 2017. 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-2016-0213 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
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 https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., 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 18 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
II. Qualifications of Applicants
James M. Demgard
Mr. Demgard, 49, has a prosthetic left eye due to a traumatic
incident in 1996. 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, ``I can certify James has a perfectly normal
right eye in all aspects to perform the visual tasks required for
commercial vehicle.'' Mr. Demgard reported that he has driven straight
trucks for 29 years, accumulating 536,500 miles. He holds an operator's
license from New Jersey. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
David L. Erickson
Mr. Erickson, 66, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/70, and in
[[Page 13188]]
his left eye, 20/25. Following an examination in 2016, his optometrist
stated, ``His right eye has been diagnosed with Amblyopia [sic] which
occurs at birth . . . In my professional opinion, Mr. David Erickson is
qualified to obtain a commercial drivers [sic] license and safely drive
a commercial vehicle on any major roadway.'' Mr. Erickson reported that
he has driven straight trucks for 30 years, accumulating 510,000 miles,
and tractor-trailer combinations for 30 years, accumulating 1.14
million miles. He holds a Class A CDL from South Dakota. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Ray A. Fields
Mr. Fields, 64, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/25, and in his left eye, 20/
200. Following an examination in 2016, his optometrist stated, ``It is
my opinion that Ray's eyes and vision are such that he should be
allowed to continue with a CDL license as required for his present
job.'' Mr. Fields reported that he has driven straight trucks for 7
years, accumulating 70,000 miles, and tractor-trailer combinations for
7 years, accumulating 14,000 miles. He holds a Class A CDL from Kansas.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Jeffrey L. Gardner
Mr. Gardner, 51, has aphakia in his right eye due to removal of a
congenital cataract in childhood. The visual acuity in his right eye is
light perception, and in his left eye, 20/20. Following an examination
in 2016, his optometrist stated, ``Due to the long standing nature and
stability of the patient's vision deficiency, he should have sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Gardner reported that he has driven straight trucks for
16 years, accumulating 160,000 miles, and tractor-trailer combinations
for 16 years, accumulating 160,000 miles. He holds a Class AM1 CDL from
California. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Thomas A. Grigsby
Mr. Grigsby, has a macular scar in his right eye due to a traumatic
incident in 2013. The visual acuity in his right eye is 20/250, and in
his left eye, 20/20. Following an examination in 2016, his
ophthalmologist stated, ``Based on that evidence, it would support the
idea that he has sufficient vision to continue driving the commercial
vehicle that he has done for the last three years without any
complications that I am aware of.'' Mr. Grigsby reported that he has
driven tractor-trailer combinations for 7 years, accumulating 875,000
miles. He holds a Class A CDL from Arkansas. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Eugene C. Hamilton
Mr. Hamilton, 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 ophthalmologist
stated, ``In my opinion, Mr. Hamilton should be able to continue
operating a commercial vehicle as he has safely for many years. He has
not had any change in his condition over the last decade.'' Mr.
Hamilton reported that he has driven straight trucks for 25 years,
accumulating 1 million 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.
Jay A. Harding
Mr. Harding, 54, has a macular scar in his right eye due to a
traumatic incident in 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. Harding has more than
adequate vision to safely operate a commercial motor vehicle.'' Mr.
Harding reported that he has driven straight trucks for 3 years,
accumulating 105,000 miles, and tractor-trailer combinations for 28
years, accumulating 2.8 million miles. He holds a Class A CDL from
Oregon. His driving record for the last 3 years shows no crashes and
one conviction for a moving violation in a CMV; he failed to stop when
emerging from an alley, driveway, or building.
Melvin L. Hipsley III
Mr. Hipsley, 54, has had neovascular macular degeneration in his
left eye since 2013. 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 medical opinion that Mr. Hipsley has
sufficient vision to perform the driving tasks required to continue to
operate a commercial vehicle.'' Mr. Hipsley reported that he has driven
straight trucks for 30 years, accumulating 1.2 million miles, and
tractor-trailer combinations for 20 years, accumulating 800,000 miles.
He holds a Class AM CDL from Maryland. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Charlie E. Hoggard
Mr. Hoggard, 44, has had a chorioretinal scar in his right eye due
to a traumatic incident in 1992. 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, ``He suffered an explosive injury to his eye
approximately 24 years ago, leaving him with a Chorioretinal Scar
overlying the macula. At this time, Mr. Hoggard does not display any
inability to operate a commercial vehicle due to his sustained injury
from military service.'' Mr. Hoggard reported that he has driven
straight trucks for 24 years, accumulating 1.25 million miles, tractor-
trailer combinations for 24 years, accumulating 1.25 million miles, and
buses for 12 years, accumulating 180,000 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.
Richard S. Huzzard
Mr. Huzzard, 75, has had macular degeneration in his right eye
since 2013. The visual acuity in his right eye is light perception, and
in his left eye, 20/20. Following an examination in 2016, his
optometrist stated, ``This certifies that in my medical opinion, mr.
Huzzard has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Huzzard reported that he has driven
straight trucks for 45 years, accumulating 495,000 miles, and tractor-
trailer combinations for 45 years, accumulating 729,000 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.
Kenneth E. Lewis
Mr. Lewis, 56, has had a dense corneal scar in his right eye since
1998. 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, ``Assuming the results for the visual field examination is
normal in the left eye, it is my opinion that Mr. Lewis possesses
sufficient vision in the left eye to safely operate a commercial
vehicle.'' Mr. Lewis reported that he has driven straight trucks for 3
years, accumulating 226,080 miles. He holds a Class A CDL from
California. His driving record for the last 3 years shows no crashes
and no
[[Page 13189]]
convictions for moving violations in a CMV.
George J. Paxson, III
Mr. Paxson, 60, 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,
``This patient has strabismic amblyopia and exotropia in the left eye
which has been stable for several decades. Based on this fact, it is my
medical opinion that he has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Paxson reported
that he has driven straight trucks for 39 years, accumulating 711,750
miles. He holds an operator's license from Delaware. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Harlie C. Perryman, III
Mr. Perryman, 54, has a corneal scar 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, light perception. Following an examination
in 2016, his ophthalmologist stated, ``Vision in Right Eye is 20/20
meeting requirements to operate a commercial vehicle.'' Mr. Perryman
reported that he has driven straight trucks for 25 years, accumulating
575,000 miles. He holds an operator's license from Florida. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Menno H. Reiff
Mr. Reiff, 55, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/200, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``He
would be absolutely safe to drive a commercial vehicle and to see
traffic signals. He does not have any limitations from his vision
because of his amblyopia whatsoever.'' Mr. Reiff reported that he has
driven straight trucks for 6 years, accumulating 48,000 miles and
tractor-trailer combinations for 24 years, accumulating 768,000 miles.
He holds a Class A CDL from Pennsylvania. His driving record for the
last 3 years shows no crashes but two convictions in a CMV, one for an
improper turn, and one for speeding; he exceeded the speed limit by 5
mph.
Steven R. Richter, Jr.
Mr. Richter, 42, 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, ``Stable vision in right eye since 1998. It is my medical
opinion that Steve is safe to perform the driving tasks required to
commercial operate a motor vehicle.'' Mr. Richter reported that he has
driven straight trucks for 22 years, accumulating 110,000 miles and
tractor-trailer combinations for 22 years, accumulating 220,000 miles.
He holds a Class A CDL from Minnesota. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Robert R. Schwabe
Mr. Schwabe, 43, has had a retinal hamartoma in his right eye since
2007. 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,
``In my opinion, Mr. Schwabe's visual capabilities are sufficient to
perform the visual tasks required to operate a commercial vehicle.''
Mr. Schwabe reported that he has driven straight trucks for 2 years,
accumulating 1,000 miles, and tractor-trailer combinations for 19
years, accumulating 1.9 million miles. He holds a Class A CDL from
Washington. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Phillip Shelburne
Mr. Shelburne, 32, has a retinal detachment in his left eye due to
a traumatic incident in childhood. The visual acuity in his right eye
is light perception, and in his left eye, 20/20. Following an
examination in 2016, his optometrist stated, ``He has a history of
decreased vision in the right eye secondary to trauma 30 years ago . .
. in my medical opinion he will have no difficulties operating a
commercial vehicle.'' Mr. Shelburne reported that he has driven
tractor-trailer combinations for 8 years, accumulating 400,000 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.
Wade C. Uhlir
Mr. Uhlir, 42, has had a prosthetic left eye due to anophthalmia
since childhood. The visual acuity in his right eye is 20/30, and in
his left eye, no light perception. Following an examination in 2016,
his optometrist stated, ``Based on the vision testing as of July 20,
2016, he can safely perform the driving visual tasks required to
operate a commercial motor vehicle.'' Mr. Uhlir reported that he has
driven tractor-trailer combinations for 14 years, accumulating 1.82
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.
III. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice, indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so the
Agency can contact you if it has questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov and
put the docket number FMCSA-2016-0213 in the ``Keyword'' box, and click
``Search. When the new screen appears, click on ``Comment Now!'' button
and type your comment into the text box in the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit. If you submit your comments by mail
or hand delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope.
FMCSA will consider all comments and material received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov and
insert the docket number FMCSA-2016-0213 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,
[[Page 13190]]
between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal
holidays.
Issued on: February 28, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04664 Filed 3-8-17; 8:45 am]
BILLING CODE 4910-EX-P
