[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Notices]
[Pages 17237-17240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06955]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0351]


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 22 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 27, 2016. All 
comments will be investigated by FMCSA. The exemptions will be issued 
the day after the comment period closes.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2015-0351 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.

[[Page 17238]]


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 W64-113, 
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 22 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

Lee R. Boykin

    Mr. Boykin, 54, has open angle glaucoma in his right eye since 2008 
causing a visual field defect. The visual acuity in his right eye is 
20/30, and in his left eye, 20/20. Following an examination in 2015, 
his ophthalmologist stated, ``In my professional medical opinion, he 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle at this time.'' Mr. Boykin reported that he has 
driven straight trucks for 1 years, accumulating 9,000 miles and 
tractor-trailer combinations for 28 years, accumulating 3.40 million 
miles. He holds a Class A CDL from Texas. His driving record for the 
last 3 years shows no crashes and one conviction for a moving violation 
in a CMV; speeding.

Donald Carrillo

    Mr. Carrillo, 53, has had a prosthetic right eye since 1986 due to 
a traumatic incident. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/15. Following an examination in 
2015, his ophthalmologist stated, ``In our opinion, vision is 
sufficient to operate a commercial vehicle.'' Mr. Carrillo reported 
that he has driven straight trucks for 24 years, accumulating 22,800 
miles and buses for 23.5 years, accumulating 21,150 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.

Carl F. Cryer

    Mr. Cryer, 29, has had optic nerve damage in his right eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/200, and in his left eye, 20/20. Following an examination in 2015, 
his optometrist stated, ``However, I DO [sic] feel that he has 
sufficient vision to perform the driving tasks required to operate a 
commercial.'' Mr. Cryer reported that he has driven straight trucks for 
8 years, accumulating 60,000 miles. He holds a Class DV operator's 
license from Alabama. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Steven W. Day

    Mr. Day, 65, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/150, and in his left eye, 20/
20. Following an examination in 2015, his ophthalmologist stated, ``In 
my medical opinion, Mr. Day has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Day 
reported that he has driven straight trucks for 20 years, accumulating 
60,000 miles and tractor-trailer combinations for 30 years, 
accumulating 60,000 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.

Roger M. Dunaway

    Mr. Dunaway, 40, has had aphakia 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 2015, his optometrist stated, 
``The applicant was found to be visually able to safely operate a 
commercial motor vehicle.'' Mr. Dunaway reported that he has driven 
straight trucks for 15 years, accumulating 487,500 miles and tractor-
trailer combinations for 9 years, accumulating 162,000 miles. He holds 
a Class DMA CDL from Kentucky. His driving record for the last 3 years 
shows one crash, which he was not cited for, and no convictions for 
moving violations in a CMV.

Horace N. Goss

    Mr. Goss, 58, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
25. Following an examination in 2015, his optometrist stated, ``I 
certify in my medical opinion that Horace Goss has sufficient vision to 
perform driving task to be able to drive a commercial vehicle.'' Mr. 
Horace reported that he has driven straight trucks for 10 years, 
accumulating 600,000 miles, and tractor-trailer combinations for 34 
years, accumulating 2.72 million miles. He holds a Class A CDL from 
Texas. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Matt A. Guilmain

    Mr. Guilmain, 44, has had amblyopia in his left eye since 
childhood. 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, ``Patient's vision is sufficient to drive a 
commercial vehicle.'' Mr. Guilmain reported that he has driven straight 
trucks for 5 years, accumulating 192,000 miles. He holds a Class B CDL 
from New Hampshire. His driving record for the last 3 years shows one 
crash in a CMV, for which he contributed by making an improper lane 
change, and no convictions for moving violations in a CMV.

Hugo N. Gutierrez

    Mr. Gutierrez, 33, 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 2015, his optometrist 
stated, ``However, he does have normal vision in his left eye and in my 
opinion is able to perform driving tasks to operate a commercial 
vehicle.'' Mr. Gutierrez reported that he has driven straight trucks 
for 5 years, accumulating 13,000 miles. He holds an operator's license 
from Indiana. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Mr. Edward R. Hunt

    Mr. Hunt, 46, has had a central scotoma 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 2015, his ophthalmologist 
stated, ``I certify that in my medical opinion he has more than 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Hunt reported that he has driven straight 
trucks for 10 years, accumulating 55,000 miles and tractor-

[[Page 17239]]

trailer combinations for 3 years, accumulating 7,500 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.

William J. Kanaris

    Mr. Kanaris, 53, has had strabismic amblyopia in his right eye 
since birth. The visual acuity in his right eye is light perception, 
and in his left eye, 20/15. Following an examination in 2015, his 
optometrist stated, ``In my medical opinion, I believe Mr. Kanaris has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Kanaris reported that he has driven straight 
trucks for 30 years, accumulating 360,000. He holds a Class B CDL from 
New York. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Harvey Klein

    Mr. Klein, 76, 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/
50. Following an examination in 2015, his optometrist stated, ``It is 
my medical opinion, Mr. Klein, has sufficient vision to perform driving 
tasks required to operate a commercial vehicle.'' Mr. Klein reported 
that he has driven buses for 22 years, accumulating 440,000 miles. He 
holds a Class C CDL from New Jersey. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Ronnie L. McHugh

    Mr. McHugh, 57, has had amblyopia in his left eye since 1989. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/100. 
Following an examination in 2015, his optometrist stated, ``In my 
medical opinion, Ronnie L. McHugh has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. McHugh 
reported that he has driven straight trucks for 31 years, accumulating 
465,000 miles and tractor-trailer combinations for 26 years, 
accumulating 260,000 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.

Walter J. Musty

    Mr. Musty, 70, has had a corneal scar in his left eye since 2011. 
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 Certify [sic] that, in my medical opinion, the applicant's 
visual deficiency is stable; the applicant has sufficient vision to 
perform the driving tasks required to operate a commercial motor 
vehicle, and, the applicant's condition will not adversely affect his/
her ability to operate a commercial motor vehicle safely.'' Mr. Musty 
reported that he has driven straight trucks for 12 years, accumulating 
39,000 miles. He holds a Class D operator's license from Minnesota. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

John O'Boyle

    Mr. O'Boyle, 58, has had aphakia in his left eye since childhood. 
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, ``I 
certify that in my medical opinion the above named patient has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. O'Boyle reported that he has driven straight 
trucks for 40 years, accumulating 1.66 million miles. He holds a Class 
B CDL from Pennsylvania. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Michael L. Robinson

    Mr. Robinson, 45, has macular scarring in his right eye due to a 
traumatic incident in 2009. The visual acuity in his right eye is 20/
70, and in his left eye, 20/20. Following an examination in 2015, his 
optometrist stated, ``It is my opinion that Mr. Robinson has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Robinson reported that he has driven straight trucks for 
11 years, accumulating 330,000 miles. He holds a Class B CDL from 
Missouri. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Donald P. Ruckinger

    Mr. Ruckinger, 75, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``I 
believe that MR. [sic] Ruckinger in my medical opinion has adapted to 
his stable visual condition and has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle . . .'' Mr. 
Ruckinger reported that he has driven tractor-trailer combinations for 
40 years, accumulating 2 million miles. He holds a Class A CDL from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Mark A. Sanders

    Mr. Sanders, 59, has a prosthetic left eye due to a traumatic 
incident in 1994. 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, ``My assessment is that his vision does allow 
him to perform normally and safely for all tasks, including those for 
use as a commercially certificated driver.'' Mr. Sanders reported that 
he has driven straight trucks for 43 years, accumulating 1.1 million 
miles, tractor-trailer combinations for 34 years, accumulating 3.4 
million miles and buses for 2 years, accumulating 40,000 miles. He 
holds a Class A CDL from Oklahoma. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Michael J. Scarano

    Mr. Scarano, 59, has had a prosthetic right eye since 1965 due to a 
traumatic incident. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/20. Following an examination in 
2015, his ophthalmologist stated, ``Mr. Michael J. Scarano's Snellen 
visual acuity, peripheral vision and visual field test have remained 
unchanged from 2012. Accordingly, his visual ability to operate a 
commercial vehicle has remained unchanged as well.'' Mr. Scarano 
reported that he has driven straight trucks for 41 years, accumulating 
2.4 million miles and tractor-trailer combinations for 10 years, 
accumulating 150,000. He holds a Class B CDL from New Jersey. His 
driving record for the last 3 years shows one crash in a CMV, for which 
he contributed by making an improper turn, and no convictions for 
moving violations in a CMV.

Edward P. Schrader II

    Mr. Schrader, II, 29, 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 optometrist stated, 
``I certify that he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Schrader reported that 
he has driven straight trucks for 2 years, accumulating 50,000 miles 
and tractor-trailer combinations for 6 years, accumulating 150,000 
miles. He holds a Class A CDL from Washington. His driving record for 
the last 3 years shows

[[Page 17240]]

no crashes and no convictions for moving violations in a CMV.

Charles H. Strople

    Mr. Strople, 73, had a retinal detachment in his left eye in 2011. 
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, ``In 
my medical opinion, Mr. Strople has sufficient vision to operate a 
commercial vehicle.'' Mr. Strople reported that he has driven straight 
trucks for 49 years, accumulating 980,000 miles, and tractor-trailer 
combinations for 49 years, accumulating 2.45 million miles. He holds a 
Class A CDL from Massachusetts. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Eddie Walker

    Mr. Walker, 44, 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 2015, his optometrist stated, ``In my 
medical opinion Chad's depth perception based on adapting since birth 
to the amblyopic Left Eye [sic] is sufficient and given all vision 
testing I would give the recommendation that Chad has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Walker reported that he has driven tractor-trailer 
combinations for 16 years, accumulating 672,000 miles. He holds a Class 
A CDL from North Carolina. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Trent Wipf

    Mr. Wifp, 30, has been blind in his right eye due to a traumatic 
incident in childhood. 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, ``I, Erica Seelye, O.D., hereby certify 
that Trent Wipf has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Wipf reported that he 
has driven straight trucks for 15 years, accumulating 15,000 miles and 
tractor-trailer combinations for 15 years, accumulating 300,000 miles. 
He holds a Class A CDL from South Carolina. 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-2015-0351 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-2015-0351 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 21, 2016.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-06955 Filed 3-25-16; 8:45 am]
BILLING CODE 4910-EX-P