[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Notices]
[Pages 21655-21659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08354]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0024]


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 25 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 12, 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-2016-0024 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

[[Page 21656]]

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 W64-113, 
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 25 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

Stanley W. Ahne

    Mr. Ahne, 56, tore the iris in his right eye in childhood due to a 
traumatic incident. 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 believe that Mr. Ahne does have sufficient 
vision to drive a commercial vehical [sic] safely.'' Mr. Ahne reported 
that he has driven straight trucks for 10 years, accumulating 100,000 
miles and tractor-trailer combinations for 10 years, accumulating 1 
million 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.

Marvin D. Bass

    Mr. Bass, 56, has been blind in his right eye since 2008 due to a 
traumatic incident. The visual acuity in his right eye is hand motion, 
and in his left eye, 20/20. Following an examination in 2015, his 
optometrist stated, ``In my medical opinion, Mr. Bass has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Bass reported that he has driven straight trucks for 20 
years, accumulating 700,000 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.

Daniel L. Castonguay

    Mr. Castonguay, 54, has had macular degeneration in his left eye 
since 2012. 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 is my opinion that Daniel Castonguay has stable vision at 
this time and has sufficient vision to drive a commercial vehicle as he 
has done for the last 22 years.'' Mr. Castonguay reported that he has 
driven straight trucks for 5 years, accumulating 250,000 miles and 
tractor-trailer combinations for 25 years, accumulating 1.5 million 
miles. He holds a Class A CDL from Maine. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

William A. Crandall, Jr.

    Mr. Crandall, 31, has refractive amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/60, and in his left 
eye, 20/15. Following an examination in 2016, his optometrist stated, 
``It is my opinion that Mr. Crandal [sic] has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Crandall reported that he has driven straight trucks for 5 years, 
accumulating 100,000 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.

James T. Curtis

    Mr. Curtis, 55, has had ischemic optic neuropathy 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 2016, his 
optometrist stated, ``He has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Curtis reported 
that he has driven straight trucks for 17 years, accumulating 70,000 
miles and tractor-trailer combinations for 17 years, accumulating 1,000 
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.

Jacob M. Dellinger

    Mr. Dellinger, 60, had a branch retinal vein occlusion 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 optometrist 
stated, ``In my medical opinion, with his right eye correction to 20/20 
and his full temporal peripheral fields, he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Dellinger reported that he has driven straight trucks for 41 years, 
accumulating 410,000 miles and tractor-trailer combinations for 41 
years, accumulating 123,000 miles. He holds an operator's license from 
North Carolina. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Mark E. Dow

    Mr. Dow, 51, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/70, and in his left eye, 20/20. 
Following an examination in 2016, his optometrist stated, ``In my 
opinion Mr. Dow has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Dow reported that he 
has driven straight trucks for 30 years, accumulating 1.05 million 
miles and tractor-trailer combinations for 30 years, accumulating 
150,000 miles. He holds a Class A CDL from Vermont. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

[[Page 21657]]

Richard R. Filion

    Mr. Filion, 68, is blind in his left eye due to a traumatic 
incident in 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 optometrist stated, ``If there is an allowance or waiver given for 
monocular status then Mr. Filion would meet requirements for commercial 
driving.'' Mr. Filion reported that he has driven straight trucks for 
25 years, accumulating 500,000 miles and tractor-trailer combinations 
for 8 years, accumulating 560,000 miles. He holds a Class A CDL from 
Vermont. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Louis J. Floquet Jr.

    Mr. Floquet, 31, has had Morning Glory Syndrome 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, ``Based on these tests, Louis has sufficient vison 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Floquet reported that he has driven straight trucks for 
15 years, accumulating 150,000 miles. He holds an operator's license 
from California. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Joshua V. Harrison

    Mr. Harrison, 67, has had a corneal scar in his left eye since 
childhood. The visual acuity in his right eye is 20/25, and in his left 
eye, 20/80. Following an examination in 2015, his ophthalmologist 
stated, ``Left eye poor vision is long-standing, right eye meets 
standards . . . for CDL.'' Mr. Harrison reported that he has driven 
straight trucks for 45 years, accumulating 450,000 miles. He holds a 
Class A CDL from New Jersey. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Jason G. Joyner

    Mr. Joyner, 38, has had strabismic 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, 
``I believe pt [sic] has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Joyner reported that he 
has driven straight trucks for 4 years, accumulating 150,000 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.

Thomas M. Kaley, Jr.

    Mr. Kaley, 43, is blind 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 2015, his 
optometrist stated, ``I see no reason that he should be denied a 
license as I believe that he has sufficient vision to operate a 
commercial vehicle.'' Mr. Kaley reported that he has driven straight 
trucks for 25 years, accumulating 750,000 miles. He holds an operator's 
license from Pennsylvania. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

William J. Krysinski

    Mr. Krysinski, 56, has had optic atrophy in his left eye since 
2012. 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 believe he can continue to safely operate his commercial motor 
vehicle for interstate driving without any restrictions.'' Mr. 
Krysinski reported that he has driven tractor-trailer combinations for 
35 years, accumulating 2.3 million miles. He holds a Class A CDL from 
Minnesota. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Bradley K. Linde

    Mr. Linde, 67, 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 2015, his optometrist stated, ``In my 
professional opinion of his vision, Mr. Linde is qualified to perform 
all duties expected for operating a commercial vehicle.'' Mr. Linde 
reported that he has driven tractor-trailer combinations for 21 years, 
accumulating 10,500 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.

Pedro Martinez

    Mr. Martinez, 55, has had a choroidal macular scar in his left eye 
since 1985. The visual acuity in his right eye is 20/20, and in his 
left eye, counting fingers. Following an examination in 2015, his 
optometrist stated, ``In my medical opinion, he has sufficient vision 
centrally OD and Peripherally [sic] OU to operate a commercial vehical 
[sic].'' Mr. Martinez reported that he has driven straight trucks for 
10 years, accumulating 5,200 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.

Ty N. Mason

    Mr. Mason, 51, has been blind in his left eye due to a retinal 
detachment in 2003. 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, ``Patient has sufficient visual acuity and VF 
[sic] for CDL license.'' Mr. Mason reported that he has driven straight 
trucks for 2 years, accumulating 75,000 miles and tractor-trailer 
combinations for 16 years, accumulating 6.53 million 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.

Ralph A. Milliman

    Mr. Milliman, 63, has had an incomplete macular formation 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 
optometrist stated, ``It is my opinion that Mr. Milliman's exceptional 
vision in his right eye allows him to compensate for his lack of visual 
acuity in his left eye and leads me to believe he has sufficient vision 
to perform all commercial driving tasks.'' Mr. Milliman reported that 
he has driven straight trucks for 24 years, accumulating 1.92 million 
miles and tractor-trailer combinations for 33 years, accumulating 3.47 
million miles. He holds an operator's license from Illinois. His 
driving record for the last 3 years shows no crashes and 1 conviction 
for a moving violation in a CMV; he operated in an improper traffic 
lane.

Donald A. Orloski

    Mr. Orloski, 69, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/150. 
Following an examination in 2015, his optometrist stated, ``Mr. 
Orloski's visual condition is stable. I find no medical reason to 
prevent Donald Orloski from safely operating a commercial vehicle.'' 
Mr. Orloski reported that he has driven straight trucks for 37 years, 
accumulating 592,000 miles and tractor-trailer combinations for 37 
years, accumulating 37,000 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.

[[Page 21658]]

Alan R. Piroso

    Mr. Piroso, 60, 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 ophthalmologist stated, ``Alan 
Piroso has been driving for many years without a problem and I believe 
he should be able to renew his CDL license based on his eye 
examination.'' Mr. Piroso reported that he has driven straight trucks 
for 31 years, accumulating 930,000 miles and tractor-trailer 
combinations for 6 years, accumulating 30,000 miles. He holds a Class 
AMC CDL from New Hampshire. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Juan C. Ramirez

    Mr. Ramirez, 31, has had exotropia with amblyopia in his left eye 
since childhood. The visual acuity in his right eye is 20/30, and in 
his left eye, 20/100. Following an examination in 2015, his optometrist 
stated, ``I believe Mr. Ramirez should be considered for [sic] federal 
vision exemption to operate a CMV in interstate commerce.'' Mr. Ramirez 
reported that he has driven straight trucks for 6 years, accumulating 
600,000 miles and tractor-trailer combinations for 2 years, 
accumulating 120,000 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.

Erik J. Rowland

    Mr. Rowland, 35, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is hand motion, and in his left eye, 
20/15. Following an examination in 2015, his ophthalmologist stated, 
``It is my opinion that Mr. Rowland is able to operate a commercial 
vehicle, as his vision has remained stable, and he has operate [sic] a 
commercial vehicle for the past several years.'' Mr. Rowland reported 
that he has driven straight trucks for 17 years, accumulating 340,000 
miles and tractor-trailer combinations for 2 years, accumulating 10,000 
miles. He holds a Class A CDL from New York. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Colby T. Smith

    Mr. Smith, 36, 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 2015, his optometrist stated, ``In my 
opinion, Colby has more than adequate vision to perform all driving 
tasks required to operate a commercial vehicle.'' Mr. Smith reported 
that he has driven straight trucks for 10 years, accumulating 120,000 
miles. He holds a Class D 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.

Carl J. Warnecke

    Mr. Warnecke, 55, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/20. Following an examination in 2015, his ophthalmologist 
stated, ``I think that he does have sufficient vision to perform the 
driving tasks required to operate a commercial vehicle, according to 
their guidelines.'' Mr. Warnecke reported that he has driven straight 
trucks for 35 years, accumulating 210,000 miles and tractor-trailer 
combinations for 35 years, accumulating 35,000 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.

Edwin E. West

    Mr. West, 55, has had a macular scar in his right eye due to a 
retinal hemorrhage in 2004. 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, ``I certify that Ed West has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. West reported that he has driven straight trucks for 37 years, 
accumulating 185,000 miles and tractor-trailer combinations for 37 
years, accumulating 185,000 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.

Donald E. Wojtaszek

    Mr. Wojtaszek, 62, 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, 
``I hereby certify that in my medical opinion, this individual has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Wojtaszek reported that he has driven 
straight trucks for 42 years, accumulating 84,000. He holds a Class C 
license from Pennsylvania. 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-2016-0024 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-2016-0024 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.


[[Page 21659]]


    Issued on: April 5, 2016.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-08354 Filed 4-11-16; 8:45 am]
 BILLING CODE 4910-EX-P