[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Notices]
[Pages 67472-67476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27879]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0071]


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 28 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

[[Page 67473]]

various reasons. The exemptions will enable these individuals to 
operate commercial motor vehicles (CMVs) in interstate commerce without 
meeting the prescribed vision requirement in one eye. If granted, the 
exemptions would enable these individuals to qualify as drivers of 
commercial motor vehicles (CMVs) in interstate commerce.

DATES: Comments must be received on or before December 2, 2015. 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-2015-0071 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
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 28 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

Bruce D. Amundson

    Mr. Amundson, 59, has had amblyopia in his left eye since birth. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2015, his optometrist stated, ``Bruce 
Amundson definitely has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Amundson reported that 
he has driven straight trucks for 43 years, accumulating 215,000 miles, 
and tractor-trailer combinations for 15 years, accumulating 450,000 
miles. He holds a Class A CDL from Iowa. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Terry M. Baldwin

    Mr. Baldwin, 51, has had optic nerve coloboma and retinal dysplasia 
in his left eye since birth. The visual acuity in his right eye is 20/
20, and in his left eye, light perception. Following an examination in 
2015, his optometrist stated, ``Since Mr. Baldwin has been living his 
entire life with this left eye vision deficit, he has obviously made 
compensatory adaptations to it and has sufficient vision to perform 
driving tasks required to operate a commercial vehicle.'' Mr. Baldwin 
reported that he has driven straight trucks for 12 years, accumulating 
124,800 miles. He holds a Class C CDL from Pennsylvania. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Gene B. Clyde

    Mr. Clyde, 52, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/400, and in his left eye, 20/20. 
Following an examination in 2015, his ophthalmologist stated, ``In my 
medical opinion, this patient has been driving for over 30 years and 
has not had any accidents and therefore would seem his vision is 
sufficient for commercial driving.'' Mr. Clyde reported that he has 
driven straight trucks for 27 years, accumulating 675,000 miles, and 
tractor-trailer combinations for 8 years, accumulating 200,000 miles. 
He holds a Class AM CDL from New York. His driving record for the last 
3 years shows no crashes and 1 conviction for a moving violation in a 
CMV; he failed to obey a traffic control.

Joseph Coelho Jr.

    Mr. Coelho, 55, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/200. 
Following an examination in 2015, his ophthalmologist stated, ``He has 
had amblyopia of the left eye throughout his life. In my medical 
opinion, Mr. Coelho is qualified to operate a commercial motor 
vehicle.'' Mr. Coelho reported that he has driven straight trucks for 
38 years, accumulating 380,000 miles, and tractor-trailer combinations 
for 2 years, accumulating 30,000 miles. He holds a Class A CDL from 
Rhode Island. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Levi R. Coutcher

    Mr. Coutcher, 60, has had optic nerve atrophy in his left eye since 
1995. The visual acuity in his right eye is 20/20, and in his left eye, 
20/150. Following an examination in 2015, his optometrist stated, ``In 
my opinion Levi Coutcher has sufficient vision to perform the tasks 
required to operate a commercial vehicle safely.'' Mr. Coutcher 
reported that he has driven straight trucks for 14 years, accumulating 
210,000 miles, and tractor-trailer combinations for 14 years,

[[Page 67474]]

accumulating 840,000 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.

Leonard H. Culbertson

    Mr. Culbertson, 58, has optic neuropathy in his left eye due to a 
traumatic incident in 1995. The visual acuity in his right eye is 20/
20, and in his left eye, counting fingers. Following an examination in 
2015, his ophthalmologist stated, ``In my medical opinion he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Culbertson reported that he has driven 
straight trucks for 41 years, accumulating 410,000 miles, and tractor-
trailer combinations for 9 years, accumulating 1.13 million miles. He 
holds a Class B CDL from Georgia. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Craig L. Dawson, Sr.

    Mr. Dawson, 50, has had central scotoma in his left eye since 2008. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
100. Following an examination in 2015, his ophthalmologist stated, ``In 
my medical opinion, Mr. Dawson does have sufficient vision to operate a 
commercial vehicle.'' Mr. Dawson reported that he has driven straight 
trucks for 25 years, accumulating 500,000 miles, and tractor-trailer 
combinations for 25 years, accumulating 3 million miles. He holds a 
Class A CDL from Ohio. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Jason R. Gast

    Mr. Gast, 36, has a detached retina with subsequent repair in his 
right eye due to a traumatic incident in 2000. The visual acuity in his 
right eye is 20/50, and in his left eye, 20/20. Following an 
examination in 2015, his ophthalmologist stated, ``Therefore it is my 
medical opinion that he has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Gast reported 
that he has driven straight trucks for 14 years, accumulating 26,000 
miles, and tractor-trailer combinations for 2 years, accumulating 4,000 
miles. He holds a Class A CDL from Missouri. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Nirmal S. Gill

    Mr. Gill, 50, has had esotropia and strabismic amblyopia in his 
right eye since birth. The visual acuity in his right eye is 20/400, 
and in his left eye, 20/20. Following an examination in 2015, his 
ophthalmologist stated, ``Patient has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Gill 
reported that he has driven tractor-trailer combinations for 15 years, 
accumulating 1.2 million miles. He holds a Class A CDL from California. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Robert C. Green, Jr.

    Mr. Green, 58, has a prosthetic left eye due to a traumatic 
incident in 1960. The visual acuity in his right eye is 20/20, and in 
his left eye, no light perception. Following an examination in 2015, 
his optometrist stated, ``He has sufficient vision to perform all 
driving tasks required to operate a commercial vehicle.'' Mr. Green 
reported that he has driven straight trucks for 28 years, accumulating 
21,840 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.

Stanley Grubb

    Mr. Grubb, 62, has had refractive amblyopia in his left eye since 
2002. The visual acuity in his right eye is 20/25, and in his left eye, 
20/800. Following an examination in 2015, his optometrist stated, 
``Patient has sufficient vision to drive a commercial vehicle.'' Mr. 
Grubb reported that he has driven straight trucks for 43 years, 
accumulating 774,000 miles, and tractor-trailer combinations for 43 
years, accumulating 1.29 million miles. He holds a Class DA CDL from 
Kentucky. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Louis M. Hankins

    Mr. Hankins, 53, has had a prosthetic left eye due to a traumatic 
incident in 2001. The visual acuity in his right eye is 20/20, and in 
his left eye, no light perception. Following an examination in 2015, 
his ophthalmologist stated, ``I understand he has been driving on a CDL 
. . . He has 110+ degrees of visual field on his right side. With side 
mirrors he should be able to continue to drive without difficulty.'' 
Mr. Hankins reported that he has driven tractor-trailer combinations 
for 31 years, accumulating 2.64 million miles. He holds a Class AM CDL 
from Illinois. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Nathan H. Jacobs

    Mr. Jacobs, 60, has had esotropia in his right eye since childhood. 
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2014, his optometrist stated, ``I 
certify that in my medical opinion does have sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Jacobs reported that he has driven tractor-trailer combinations for 
34 years, accumulating 51,000 miles. He holds an operator's license 
from New Mexico. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Danny L. Keplinger

    Mr. Keplinger, 55, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/60, and in his left 
eye, 20/20. Following an examination in 2015, his optometrist stated, 
``In my professional opinion, Mr. Keplinger has sufficient vision to 
operate a commercial vehicle.'' Mr. Keplinger reported that he has 
driven tractor-trailer combinations for 14 years, accumulating 728,000 
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.

Kimber S. Krushinski

    Mr. Krushinski, 58, 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 2015, his optometrist 
stated, ``US Dept. Transportation . . . Horizontal visual field is 
satisfactory for driving.'' Mr. Krushinski reported that he has driven 
straight trucks for 20 years, accumulating 680,000 miles. He holds an 
operator's license from New York. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Carmelo Lana

    Mr. Lana, 63, has had myopic degeneration and amblyopia in his left 
eye since birth. The visual acuity in his right eye is 20/25, and in 
his left eye, counting fingers. Following an examination in 2015, his 
ophthalmologist stated, ``Myopic Degeneration Left and--congenital/
stable [sic] . . . Approved to operate commercial vehicle.'' Mr. Lana 
reported that he has driven straight trucks for 43 years, accumulating 
2.15 million miles,

[[Page 67475]]

and tractor-trailer combinations for 43 years, accumulating 2.15 
million 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.

Keith A. Lang

    Mr. Lang, 42, has a prosthetic left eye due to a traumatic incident 
in 1997. The visual acuity in his right eye is 20/20, and in his left 
eye, no light perception. Following an examination in 2015, his 
optometrist stated, ``With best corrected vision of 20/20 -1 in the 
right eye and appropriate spectacle correction, pt. [sic] is able to 
operate a commercial vehicle.'' Mr. Lang reported that he has driven 
straight trucks for 6 years, accumulating 300,000 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.

Nathan D. Langham

    Mr. Langham, 56, has a chorioretinal scar in his right eye due to a 
traumatic incident in 1990. The visual acuity in his right eye is 20/
60, and in his left eye, 20/20. Following an examination in 2015, his 
optometrist stated, ``I certify that Nate Langham has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Langham reported that he has driven straight trucks for 
10 years, accumulating 15,000 miles, and tractor-trailer combinations 
for 15 years, accumulating 142,500 miles. He holds a Class AM CDL from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Michael S. Lewis

    Mr. Lewis, 49, has had refractive amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/100, and in his 
left eye, 20/15. Following an examination in 2015, his optometrist 
stated, ``It is my medical opinion that Mr [sic] Lewis has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Lewis reported that he has driven tractor-trailer 
combinations for 27 years, accumulating 1.27 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.

Hector J. Lopez

    Mr. Lopez, 60, has had macular degeneration in his left eye since 
1995. The visual acuity in his right eye is 20/25, and in his left eye, 
20/400. Following an examination in 2015, his optometrist stated, ``In 
my medical opinion, he has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle at this time.'' Mr. 
Lopez reported that he has driven tractor-trailer combinations for 23 
years, accumulating 2.4 million miles. He holds an operator's license 
from North Carolina. His driving record for the last 3 years shows no 
crashes and 1 conviction for a moving violation in a CMV; he failed to 
obey a traffic sign.

John V. Narretto, Jr.

    Mr. Narretto, 65, has had a retinal detachment in his left eye 
since 2005. The visual acuity in his right eye is 20/20, and in his 
left eye, counting fingers. Following an examination in 2015, his 
ophthalmologist stated, ``I, Dr. David Fargason, certify in my medical 
opinion that Mr. Narretto has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Narretto reported 
that he has driven straight trucks for 32 years, accumulating 384,000 
miles. He holds a Class A CDL from Louisiana. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Branden J. Ramos

    Mr. Ramos, 32, 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/
30. Following an examination in 2015, his optometrist stated, ``In my 
medical opinion, I feel Mr. Ramos has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Ramos 
reported that he has driven tractor-trailer combinations for 3 years, 
accumulating 904,000 miles. He holds a Class A CDL from California. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Sonny Scott

    Mr. Scott, 46, has had an ocular aneurysm in his right eye since 
1990. The visual acuity in his right eye is no light perception, and in 
his left eye, 20/20. Following an examination in 2015, his optometrist 
stated, ``It is my medical opinion that Mr. Scott has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Scott reported that he has driven straight trucks for 18 
years, accumulating 337,500 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.

Jarrod R. Seirer

    Mr. Seirer, 31, has complete loss of vision in his left eye due to 
a traumatic incident in 2009. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination 
in 2015, his optometrist stated, ``In my medical opinion, Mr. Jarrod 
Seirer has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Seirer reported that he has driven 
straight trucks for 1 year, accumulating 75,000 miles, and tractor-
trailer combinations for 11 years, accumulating 1.71 million 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.

Vince A. Thompson

    Mr. Thompson, 28, has had refractive amblyopia in his left eye 
since birth. The visual acuity in his right eye is 20/20, and in his 
left eye, hand motion. Following an examination in 2015, his 
optometrist stated, ``Due to his refractive amblyopia the best 
corrected acuity in the left eye is reduced, but this does not pose a 
problem at this time. I would recommend yearly eye exams and see no 
restrictions concerning his ability to safely operate a commercial 
motor vehicle.'' Mr. Thompson reported that he has driven straight 
trucks for 4 years, accumulating 120,000 miles, and tractor-trailer 
combinations for 4 years, accumulating 120,000 miles. He holds a Class 
A CDL from Oregon. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Daniel R. Viscaya

    Mr. Viscaya, 53, has had a retinal detachment in his left eye since 
birth. The visual acuity in his right eye is 20/20, and in his left 
eye, no light perception. Following an examination in 2015, his 
optometrist stated, ``This patient can distinguish between red and 
green signals and also has sufficient vision in order to operate a 
commercial vehicle.'' Mr. Viscaya reported that he has driven straight 
trucks for 18 years, accumulating 2.16 million miles, and tractor-
trailer combinations for 18 years, accumulating 2.16 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.

Carlos Vives

    Mr. Vives, 32, has had a cataract in his right eye since childhood. 
The visual acuity in his right eye is 20/150,

[[Page 67476]]

and in his left eye, 20/20. Following an examination in 2014, his 
optometrist stated, ``Although the vision in his right eye is reduced, 
I believe that he has enough peripheral awareness and adequate central 
vision in the left eye to drive a commercial vehicle safely.'' Mr. 
Vives reported that he has driven straight trucks for 3 years, 
accumulating 136,500 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.

Otis H. Wright Jr.

    Mr. Wright, 58, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``I do 
not foresee any visual problems with Mr. Wright that would make him 
unable to operate a commercial vehicle: Also, he has stated to never 
have had any problems in the past when operating a commercial 
vehicle.'' Mr. Wright reported that he has driven straight trucks for 7 
years, accumulating 84,000 miles. He holds an operator's license from 
Maryland. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

III. Public Participation and Request for Comments

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

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice, indicate the specific section of this document to which each 
comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online or by 
fax, mail, or hand delivery, but please use only one of these means. 
FMCSA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so the 
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
put the docket number FMCSA-2015-0071 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 and may change this notice based on your comments.

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-2015-0071 in the ``Keyword'' box and 
click ``Search.'' Next, click ``Open Docket Folder'' button and choose 
the document listed to review. If you do not have access to the 
Internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

    Issued on: October 21, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-27879 Filed 10-30-15; 8:45 am]
 BILLING CODE 4910-EX-P