Qualification of Drivers; Exemption Applications; Vision, 17736-17739 [2017-07313]

Download as PDF 17736 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices mstockstill on DSK30JT082PROD with NOTICES employees of driveaway-towaway companies, RV manufacturers, and RV dealers. RVIA contends that, due to the class nature and the number of parties that would be affected by the exemption, it is not feasible or practicable to provide the names of individuals or transporters responsible for use or operation of these CMVs. Method To Ensure an Equivalent or Greater Level of Safety RVIA contends that if the exemption were granted, the level of safety associated with transportation of RVs from manufacturers to dealers would likely be equivalent to, or greater than, the level of safety obtained by complying with the CDL requirements for the following reasons: • On average, drivers employed by RV manufacturers and dealers to deliver RVs have substantially more experience operating RVs than a typical driver operating an RV for recreational purposes. RVIA noted that owners of these RVs are not required to hold a CDL when operating them for nonbusiness purposes. • According to RVIA, an analysis using the FMCSA Safety Measurement System revealed that the majority of RV driveaway-towaway companies’ accident frequency average is far less than the national benchmark average. Further details are provided in the RVIA exemption application, which is contained in the docket for this notice. • Compared to drivers using RVs for recreational purposes, RV manufacturers and driveaway-towaway companies have substantially greater economic incentive to systematically train, monitor and evaluate their RV drivers with respect to safe operation of RVs because of the substantially greater number of miles they run, and the corresponding exposure to liability for any traffic accidents. • As with any new motor vehicle, newly manufactured RVs are much less likely to present a safety concern due to mechanical failures. • Travel distances between the manufacturing sites and dealer locations are on average much shorter than typical distances which RVs travel when in recreational use, and the highway presence of RVs transported from manufacturers to dealers is negligible even during the peak spring delivery season. RVIA asserts that without the exemption, drivers making deliveries of new RVs with a gross vehicle weight rating (GVWR) exceeding 26,000 pounds, or a gross combination weight rating exceeding 26,000 inclusive of a towed vehicle with a GVWR of 10,001 VerDate Sep<11>2014 18:45 Apr 11, 2017 Jkt 241001 pounds or higher, will remain subject to CDL requirements even though endusers of RVs purchasing them from dealers in the same States would not be subject to those requirements and regulations. This anomalous situation would continue to materially curb the growth of the RV industry without a countervailing safety or other benefit to the public. In particular, RV manufacturers and dealers would continue to experience a shortage of CDL operators during the busy spring season. Terms and Conditions of the Exemption Period of the Exemption This exemption from the requirements of 49 CFR 383.91(a)(1)-(2) is effective April 6, 2017 through April 6, 2022, 11:59 p.m. local time, unless renewed. Extent of the Exemption The exemption is restricted to employees of driveaway-towaway companies, RV manufacturers, and RV dealers transporting RVs between the manufacturing site and dealer location and for movements prior to first retail sale. Drivers covered by the exemption will not be required to hold a CDL when transporting RVs with a gross vehicle weight not exceeding 26,000 pounds, or a combination of RV trailer/tow vehicle with the gross weight of the towed unit not exceeding 10,000 pounds and the gross combined weight not exceeding 26,000 pounds. These drivers must comply with all other applicable provisions of the Federal Motor Carrier Safety Regulations. Preemption In accordance with 49 U.S.C. 31315(d), during the period this exemption is in effect, no State shall enforce any law or regulation that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. Notification to FMCSA Exempt motor carriers must notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5), involving any of its CMVs operating under the terms of this exemption. The notification must include the following information: (a) Name of the exemption: ‘‘RVIA’’ (b) Name of the operating motor carrier, (c) Date of the accident, (d) City or town, and State, in which the accident occurred, or closest to the accident scene, (e) Driver’s name and license number, PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 (f) Vehicle number and State license number, (g) Number of individuals suffering physical injury, (h) Number of fatalities, (i) The police-reported cause of the accident, (j) Whether the driver was cited for violation of any traffic laws, motor carrier safety regulations, and (k) The driver’s total driving time and total on-duty time period prior to the accident. Reports filed under this provision shall be emailed to MCPSD@DOT.GOV. Termination FMCSA does not believe the drivers covered by this exemption will experience any deterioration of their safety record. Interested parties or organizations possessing information that would otherwise show that any or all of these motor carriers are not achieving the requisite statutory level of safety should immediately notify FMCSA. The Agency will evaluate any information submitted and, if safety is being compromised or if the continuation of the exemption is inconsistent with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will immediately take steps to revoke the exemption of the company or companies and drivers in question. Issued on: April 5, 2017. Daphne Y. Jefferson, Deputy Administrator. [FR Doc. 2017–07315 Filed 4–11–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0014] 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 21 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 SUMMARY: E:\FR\FM\12APN1.SGM 12APN1 mstockstill on DSK30JT082PROD with NOTICES Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce. DATES: Comments must be received on or before May 12, 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– 2017–0014 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 selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, VerDate Sep<11>2014 18:45 Apr 11, 2017 Jkt 241001 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 21 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 Andrew R. Cook Mr. Cook, 46, has a retinal detachment in his left eye due to a traumatic incident in 2001. The visual acuity in his right eye is 20/20, and in his left eye, 20/400. Following an examination in 2016, his ophthalmologist stated, ‘‘In my medical opinion based on the information that I have, Mr. Cook is a very experienced driver, and has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Cook reported that he has driven straight trucks for 11 years, accumulating 132,000 miles. He holds a Class B CDL from Vermont. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Kevin M. Finn Mr. Finn, 52, has had a cataract in his right eye since birth. The visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2016, his ophthalmologist stated, ‘‘Mr. Finn’s current ocular status is stable and has likely been such for many years [sic] There [sic] is no acute pathology noted. He should have no difficulties with activities relating to driving a commercial vehicle since he has been PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 17737 driving for many years with his current status.’’ Mr. Finn reported that he has driven straight trucks for 26 years, accumulating 33,800 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. David R. Ford Mr. Ford, 59, has had a retinal detachment in his right eye since 2013. The visual acuity in his right eye is 20/ 200, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ‘‘With current rx [sic], and medical opinion patient is ok [sic] to drive a commercial vehicle.’’ Mr. Ford reported that he has driven straight trucks for 32 years, accumulating 80,000 miles. He holds a Class A CDL from Ohio. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Douglas P. Fossum Mr. Fossum, 61, 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, ‘‘It would be my opinion that Mr. Fossum has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Fossum reported that he has driven straight trucks for 40 years, accumulating 1 million miles, and tractor-trailer combinations for 33 years, accumulating 990,000 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. Timothy M. Good Mr. Good, 61, 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, ‘‘I hereby acknowledge that Mr. Timothy Good is indeed qualified and has ample sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Good reported that he has driven straight trucks for 3 years, accumulating 468,000 miles, and tractor-trailer combinations for 1 year, accumulating 104,000 miles. He holds a Class CA CDL from Michigan. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. John R. Harper Mr. Harper, 31, has had amblyopia in his left eye since birth. The visual acuity E:\FR\FM\12APN1.SGM 12APN1 17738 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices in his right eye is 20/20, and in his left eye, 20/70. Following an examination in 2016, his optometrist stated, ‘‘In my medical opinion, John Harper has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Harper reported that he has driven straight trucks for 9 years, accumulating 216,000 miles, and tractor-trailer combinations for 2 years, accumulating 24,000 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. George H. Keppol, Jr. Mr. Keppol, 60, has had a prosthetic left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2016, his optometrist stated, ‘‘Mr. Keppol has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Keppol reported that he has driven tractor-trailer combinations for 25 years, accumulating 3.25 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. mstockstill on DSK30JT082PROD with NOTICES Curtis L. Lamb Mr. Lamb, 57, has a corneal laceration 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 2017, his optometrist stated, ‘‘In my medical opinion, I do feel he has sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Mr. Lamb reported that he has driven straight trucks for 26 years, accumulating 2,600 miles, and tractortrailer combinations for 26 years, accumulating 650 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. Jeffery D. Lynch Mr. Lynch, 59, has had a retinal detachment in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, counting fingers. Following an examination in 2016, his ophthalmologist stated, ‘‘In my medical opinion the patient has sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Mr. Lynch reported that he has driven straight trucks for 40 years, accumulating 920,000 miles. He holds an operator’s license from Texas. His VerDate Sep<11>2014 18:45 Apr 11, 2017 Jkt 241001 driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Kenton D. McCullough Mr. McCullough, 37, has a macular scar in his left eye due to a traumatic incident in 2001. The visual acuity in his right eye is 20/15, and in his left eye, counting fingers. Following an examination in 2017, his optometrist stated, ‘‘This letter is to certify that in my medical opinion this patient has sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Mr. McCullough reported that he has driven straight trucks for 7 years, accumulating 525,000 miles, and tractor-trailer combinations for 10 years, accumulating 1 million miles. He holds a Class A CDL from Virginia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Charles W. Ohman Mr. Ohman, 74, has an epiretinal membrane in his left eye due to cataract surgery in 2013. The visual acuity in his right eye is 20/25, and in his left eye, 20/70. Following an examination in 2016, his optometrist stated, ‘‘I feel that Mr. Ohman has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Ohman reported that he has driven straight trucks for 10 years, accumulating 65,000 miles, and tractortrailer combinations for 36 years, accumulating 5.04 million 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. Gary A. Parece Mr. Parece, 52, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/50. Following an examination in 2017, his optometrist stated, ‘‘Best Corrected [sic] to 20/20 OD and 20/50 OS should be adequate to operate a commercial vehicle [sic].’’ Mr. Parece reported that he has driven straight trucks for 24 years, accumulating 144,000 miles. He holds a Class BM CDL from Massachusetts. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Everardo G. Plascencia Mr. Plascencia, 51, has complete loss of vision in his left eye due to a traumatic incident 2003. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2016, his PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 ophthalmologist stated, ‘‘In my medical opinion as the patient’s Ophthalmologist [sic], I believe he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Plascencia reported that he has driven straight trucks for 25 years, accumulating 400,000 miles, and tractor-trailer combinations for 25 years, accumulating 250,000 miles. He holds a Class B CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Eric D. Pohlmann Mr. Pohlmann, 36, 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 2017, his ophthalmologist stated, ‘‘In my opinion, he has sufficient vision to safely operate a commercial vehicle.’’ Mr. Pohlmann reported that he has driven tractortrailer combinations for 16 years, accumulating 560,000 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. Johnny W. Ray Mr. Ray, 50, has had amblyopia in his right eye since birth. The visual acuity in his right eye is counting fingers, and in his left eye, 20/25. Following an examination in 2017, his optometrist stated that Mr. Ray does have sufficient vision to perform the driving tasks required to operate a CMV. Mr. Ray reported that he has driven straight trucks for 25 years, accumulating 250,000 miles, and tractor-trailer combinations for 25 years, accumulating 250,000 miles. He holds an operator’s license from Kentucky. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Steven D. Scharber Mr. Scharber, 71, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/200, and in his left eye, 20/30. Following an examination in 2016, his optometrist stated, ‘‘It is in my opinion that Steven can safely perform the driving tasks required to operate a commercial motor vehicle.’’ Mr. Scharber reported that he has driven straight trucks for 55 years, accumulating 440,000 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. E:\FR\FM\12APN1.SGM 12APN1 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices Don Smith Mr. Smith, 72, has glaucoma in his right eye due to a traumatic incident in 2013. The visual acuity in his right eye is counting fingers, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘In my professional opinion, this patient 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 11 years, accumulating 946,000 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. Renaldo J. Stannard Mr. Stannard, 65, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is counting fingers, and in his left eye, 20/20. Following an examination in 2016, his optometrist stated, ‘‘In my medical opinion, Renaldo J. Stannard has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Stannard reported that he has driven straight trucks for 24 years, accumulating 840,000 miles. He holds an operator’s license from Washington, DC. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. mstockstill on DSK30JT082PROD with NOTICES John T. Switzer Mr. Switzer, 44, has had a prosthetic right eye since 1981 due to toxocara canis infection. 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, ‘‘Since the patient [sic] one-eyed for 35 years and has driven commercial trucks for approximately 16 years without incident, I feel he is totally capable to continue to drive commercial trucks.’’ Mr. Switzer reported that he has driven straight trucks for 16 years, accumulating 384,000 miles. He holds an operator’s license from Mississippi. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Steven A. Thompson Mr. Thompson, 40, has hypertropia in his left eye due to amblyopia 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 he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Thompson reported that he has driven straight VerDate Sep<11>2014 18:45 Apr 11, 2017 Jkt 241001 17739 trucks for 6 years, accumulating 4,800 miles, and tractor-trailer combinations for 3 years, accumulating 1,500 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. 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. Edward A. Ziehlke 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–2017–0014 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. Mr. Ziehlke, 59, has had a central artery occlusion in his right eye since 2009. The visual acuity in his right eye is count fingers, and in his left eye, 20/ 20. Following an examination in 2016, his optometrist stated, ‘‘I certify that in my medical opinion Mr. Ziehlke has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Ziehlke reported that he has driven straight trucks for 13 years, accumulating 650,000 miles, and tractor-trailer combinations for 2 years, accumulating 250,000 miles. He holds an operator’s license from Wisconsin. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. III. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and put the docket number FMCSA–2017–0014 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 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 Viewing Comments and Documents Issued on: March 30, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–07313 Filed 4–11–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Unblocking of a Specially Designated National and Blocked Person Pursuant to the Foreign Narcotics Kingpin Designation Act Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the name of one individual whose property and interests in property have been unblocked pursuant to the Foreign Narcotics Kingpin Designation Act (Kingpin Act). DATES: The unblocking and removal from the list of Specially Designated Nationals and Blocked Persons (SDN List) of the individual identified in this notice whose property and interests in property were blocked pursuant to the Kingpin Act, is effective on April 7, 2017. SUMMARY: FOR FURTHER INFORMATION CONTACT: Associate Director for Global Targeting, tel.: 202/622–2420, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202/622–2490, Assistant Director for Licensing, tel.: 202/622–2480, Office E:\FR\FM\12APN1.SGM 12APN1

Agencies

[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17736-17739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07313]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0014]


Qualification of Drivers; Exemption Applications; Vision

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

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

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 21 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

[[Page 17737]]

qualify as drivers of commercial motor vehicles (CMVs) in interstate 
commerce.

DATES: Comments must be received on or before May 12, 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-2017-0014 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 21 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

Andrew R. Cook

    Mr. Cook, 46, has a retinal detachment in his left eye due to a 
traumatic incident in 2001. The visual acuity in his right eye is 20/
20, and in his left eye, 20/400. Following an examination in 2016, his 
ophthalmologist stated, ``In my medical opinion based on the 
information that I have, Mr. Cook is a very experienced driver, and has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Cook reported that he has driven straight 
trucks for 11 years, accumulating 132,000 miles. He holds a Class B CDL 
from Vermont. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Kevin M. Finn

    Mr. Finn, 52, has had a cataract in his right eye since birth. The 
visual acuity in his right eye is hand motion, and in his left eye, 20/
20. Following an examination in 2016, his ophthalmologist stated, ``Mr. 
Finn's current ocular status is stable and has likely been such for 
many years [sic] There [sic] is no acute pathology noted. He should 
have no difficulties with activities relating to driving a commercial 
vehicle since he has been driving for many years with his current 
status.'' Mr. Finn reported that he has driven straight trucks for 26 
years, accumulating 33,800 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.

David R. Ford

    Mr. Ford, 59, has had a retinal detachment in his right eye since 
2013. The visual acuity in his right eye is 20/200, and in his left 
eye, 20/20. Following an examination in 2017, his optometrist stated, 
``With current rx [sic], and medical opinion patient is ok [sic] to 
drive a commercial vehicle.'' Mr. Ford reported that he has driven 
straight trucks for 32 years, accumulating 80,000 miles. He holds a 
Class A CDL from Ohio. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Douglas P. Fossum

    Mr. Fossum, 61, 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, ``It 
would be my opinion that Mr. Fossum has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Fossum reported that he has driven straight trucks for 40 years, 
accumulating 1 million miles, and tractor-trailer combinations for 33 
years, accumulating 990,000 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.

Timothy M. Good

    Mr. Good, 61, 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, ``I 
hereby acknowledge that Mr. Timothy Good is indeed qualified and has 
ample sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Good reported that he has driven 
straight trucks for 3 years, accumulating 468,000 miles, and tractor-
trailer combinations for 1 year, accumulating 104,000 miles. He holds a 
Class CA CDL from Michigan. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

John R. Harper

    Mr. Harper, 31, has had amblyopia in his left eye since birth. The 
visual acuity

[[Page 17738]]

in his right eye is 20/20, and in his left eye, 20/70. Following an 
examination in 2016, his optometrist stated, ``In my medical opinion, 
John Harper has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Harper reported that he has 
driven straight trucks for 9 years, accumulating 216,000 miles, and 
tractor-trailer combinations for 2 years, accumulating 24,000 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.

George H. Keppol, Jr.

    Mr. Keppol, 60, has had a prosthetic left eye since childhood. The 
visual acuity in his right eye is 20/20, and in his left eye, no light 
perception. Following an examination in 2016, his optometrist stated, 
``Mr. Keppol has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Keppol reported that he 
has driven tractor-trailer combinations for 25 years, accumulating 3.25 
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.

Curtis L. Lamb

    Mr. Lamb, 57, has a corneal laceration 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 2017, 
his optometrist stated, ``In my medical opinion, I do feel he has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Lamb reported that he has driven straight 
trucks for 26 years, accumulating 2,600 miles, and tractor-trailer 
combinations for 26 years, accumulating 650 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.

Jeffery D. Lynch

    Mr. Lynch, 59, has had a retinal detachment in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, counting fingers. Following an examination in 2016, his 
ophthalmologist stated, ``In my medical opinion the patient has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Lynch reported that he has driven straight 
trucks for 40 years, accumulating 920,000 miles. He holds an operator's 
license from Texas. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Kenton D. McCullough

    Mr. McCullough, 37, has a macular scar in his left eye due to a 
traumatic incident in 2001. The visual acuity in his right eye is 20/
15, and in his left eye, counting fingers. Following an examination in 
2017, his optometrist stated, ``This letter is to certify that in my 
medical opinion this patient has sufficient vision to perform driving 
tasks required to operate a commercial vehicle.'' Mr. McCullough 
reported that he has driven straight trucks for 7 years, accumulating 
525,000 miles, and tractor-trailer combinations for 10 years, 
accumulating 1 million miles. He holds a Class A CDL from Virginia. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Charles W. Ohman

    Mr. Ohman, 74, has an epiretinal membrane in his left eye due to 
cataract surgery in 2013. The visual acuity in his right eye is 20/25, 
and in his left eye, 20/70. Following an examination in 2016, his 
optometrist stated, ``I feel that Mr. Ohman has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Ohman reported that he has driven straight trucks for 10 years, 
accumulating 65,000 miles, and tractor-trailer combinations for 36 
years, accumulating 5.04 million 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.

Gary A. Parece

    Mr. Parece, 52, 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/
50. Following an examination in 2017, his optometrist stated, ``Best 
Corrected [sic] to 20/20 OD and 20/50 OS should be adequate to operate 
a commercial vehicle [sic].'' Mr. Parece reported that he has driven 
straight trucks for 24 years, accumulating 144,000 miles. He holds a 
Class BM CDL from Massachusetts. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Everardo G. Plascencia

    Mr. Plascencia, 51, has complete loss of vision in his left eye due 
to a traumatic incident 2003. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination 
in 2016, his ophthalmologist stated, ``In my medical opinion as the 
patient's Ophthalmologist [sic], I believe he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Plascencia reported that he has driven straight trucks for 25 
years, accumulating 400,000 miles, and tractor-trailer combinations for 
25 years, accumulating 250,000 miles. He holds a Class B CDL from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Eric D. Pohlmann

    Mr. Pohlmann, 36, 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 2017, his ophthalmologist 
stated, ``In my opinion, he has sufficient vision to safely operate a 
commercial vehicle.'' Mr. Pohlmann reported that he has driven tractor-
trailer combinations for 16 years, accumulating 560,000 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.

Johnny W. Ray

    Mr. Ray, 50, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is counting fingers, and in his left 
eye, 20/25. Following an examination in 2017, his optometrist stated 
that Mr. Ray does have sufficient vision to perform the driving tasks 
required to operate a CMV. Mr. Ray reported that he has driven straight 
trucks for 25 years, accumulating 250,000 miles, and tractor-trailer 
combinations for 25 years, accumulating 250,000 miles. He holds an 
operator's license from Kentucky. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Steven D. Scharber

    Mr. Scharber, 71, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/30. Following an examination in 2016, his optometrist 
stated, ``It is in my opinion that Steven can safely perform the 
driving tasks required to operate a commercial motor vehicle.'' Mr. 
Scharber reported that he has driven straight trucks for 55 years, 
accumulating 440,000 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.

[[Page 17739]]

Don Smith

    Mr. Smith, 72, has glaucoma in his right eye due to a traumatic 
incident in 2013. The visual acuity in his right eye is counting 
fingers, and in his left eye, 20/20. Following an examination in 2016, 
his optometrist stated, ``In my professional opinion, this patient 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 11 years, accumulating 946,000 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.

Renaldo J. Stannard

    Mr. Stannard, 65, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is counting fingers, and 
in his left eye, 20/20. Following an examination in 2016, his 
optometrist stated, ``In my medical opinion, Renaldo J. Stannard has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Stannard reported that he has driven straight 
trucks for 24 years, accumulating 840,000 miles. He holds an operator's 
license from Washington, DC. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

John T. Switzer

    Mr. Switzer, 44, has had a prosthetic right eye since 1981 due to 
toxocara canis infection. 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, ``Since the patient [sic] one-eyed 
for 35 years and has driven commercial trucks for approximately 16 
years without incident, I feel he is totally capable to continue to 
drive commercial trucks.'' Mr. Switzer reported that he has driven 
straight trucks for 16 years, accumulating 384,000 miles. He holds an 
operator's license from Mississippi. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Steven A. Thompson

    Mr. Thompson, 40, has hypertropia in his left eye due to amblyopia 
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 he has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Thompson reported 
that he has driven straight trucks for 6 years, accumulating 4,800 
miles, and tractor-trailer combinations for 3 years, accumulating 1,500 
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.

Edward A. Ziehlke

    Mr. Ziehlke, 59, has had a central artery occlusion in his right 
eye since 2009. The visual acuity in his right eye is count fingers, 
and in his left eye, 20/20. Following an examination in 2016, his 
optometrist stated, ``I certify that in my medical opinion Mr. Ziehlke 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Ziehlke reported that he has driven 
straight trucks for 13 years, accumulating 650,000 miles, and tractor-
trailer combinations for 2 years, accumulating 250,000 miles. He holds 
an operator's license from Wisconsin. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

III. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice, indicate the specific section of this document to which each 
comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online or by 
fax, mail, or hand delivery, but please use only one of these means. 
FMCSA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so the 
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
put the docket number FMCSA-2017-0014 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-2017-0014 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: March 30, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-07313 Filed 4-11-17; 8:45 am]
 BILLING CODE 4910-EX-P