
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Notices]
[Pages 18954-18956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08195]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0016]


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 10 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 May 24, 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-2017-0016 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 18955]]

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 10 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

Russel R. Dixon

    Mr. Dixon, 50, 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 2017, his ophthalmologist stated, ``I 
certify that Mr. Dixon has sufficient vision to perform the driving 
tasks required for operating a commercial vehicle.'' Mr. Dixon reported 
that he has driven straight trucks for 35 years, accumulating 1.85 
million miles, and tractor-trailer combinations for 26 years, 
accumulating 416,000 miles. He holds a Class A CDL from Virginia. His 
driving record for the last 3 years shows no crashes and one conviction 
for a moving violation in a CMV; he was cited for failure to pay full-
time attention.

Robert A. Fasset

    Mr. Fasset, 51, 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, ``In my 
medical opinion, Mr. Fasset has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Fasset 
reported that he has driven straight trucks for 5 years, accumulating 
125,000 miles. He holds a Class CB CDL from Michigan. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

William M. Hanes

    Mr. Hanes, 56, 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/
800. Following an examination in 2017, his optometrist stated, ``I do 
believe Mr. Hanes has sufficient vision to perform the essential tasks 
for operating a commercial vehicle.'' Mr. Hanes reported that he has 
driven straight trucks for 37 years, accumulating 2.2 million miles, 
and tractor-trailer combinations for 3 years, accumulating 150,000 
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.

Ryan P. Lambert

    Mr. Lambert, 37, has had complete loss of vision in his right eye 
due to glaucoma in childhood. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/15. Following an examination 
in 2016, his optometrist stated, ``Ryan Lambert has sufficient vision 
to perform the driving tests required to operate a commercial 
vehicle.'' Mr. Lambert reported that he has driven straight trucks for 
19 years, accumulating 950,000 miles. He holds an operator's license 
from Utah. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Richard D. Patterson

    Mr. Patterson, 60, has had glaucoma in his right eye since 2005. 
The visual acuity in his right eye is 20/40, and in his left eye, 20/
20. Following an examination in 2016, his ophthalmologist stated, ``In 
my opinion, Mr. Patterson has sufficient vision in his left eye to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Robinson reported that he has driven straight trucks for 32 years, 
accumulating 4 million miles. He holds a Class A CDL from Tennessee. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Jonathan W. Pryor

    Mr. Pryor, 34, has an enucleation of his right eye due to a fungal 
infection in childhood. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/20. Following an examination in 
2017, his ophthalmologist stated, ``In my medical opinion, Mr. Pryor 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Pryor reported that he has driven straight 
trucks for 14 years, accumulating 60,000 miles. He holds an operator's 
license from Oklahoma. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Ernesto Silva

    Mr. Silva, 50, has a prosthetic 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, no light perception. Following an examination in 2016, 
his optometrist stated, ``Patient was blinded by trauma in this eye at 
age 10. He is well adapted, and should be considered to be save [sic] 
to drive commercially, as he has for many years.'' Mr. Silva reported 
that he has driven straight trucks for 10 years, accumulating 8,000 
miles. He holds a Class A CDL from New Mexico. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Dennis L. Spence

    Mr. Spence, 72, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``Mr. 
Spence has normal visual acuity in his left eye and has lived with low 
vision in his right eye his entire life . . . It seems reasonable that 
he should be able to operate a commercial vehicle as long as his 
current level of physical and mental health does not decline.'' Mr. 
Spence reported that he has driven straight trucks for 52 years, 
accumulating 780,000 miles, and tractor-trailer combinations for 52 
years, accumulating 2.6 million miles. He holds an enhanced driver's 
license from Washington. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

[[Page 18956]]

Gordon R. Ulm

    Mr. Ulm, 72, has had amblyopia in his left eye since childhood. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/400. 
Following an examination in 2017, his ophthalmologist stated, ``Mr. Ulm 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Ulm reported that he has driven straight 
trucks for 30 years, accumulating 90,000 miles. He holds an operator's 
license from Ohio. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Gary L. Warner

    Mr. Warner, 61, 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 2017, his optometrist stated, 
``Mr. Warner had been driving commercial vehicles for almost 40 years, 
he is completely adapted to his eye injury many years ago and I have no 
visual concerns regarding his safe operation of a commercial vehicle.'' 
Mr. Warner reported that he has driven tractor-trailer combinations for 
17 years, accumulating 467,500 miles. He holds a Class AM CDL from 
Virginia. 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-2017-0016 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-2017-0016 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: April 17, 2017.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2017-08195 Filed 4-21-17; 8:45 am]
 BILLING CODE 4910-EX-P


