[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Pages 26305-26308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10200]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0027]


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 21 individuals 
for exemption from the vision requirement

[[Page 26306]]

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 June 1, 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-2016-0027 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 W64-113, 
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

Felix Barajas Ramirez

    Mr. Barajas Ramirez, 54, has had a retinal detachment in his left 
eye since 2009. The visual acuity in his right eye is 20/20, and in his 
left eye, hand motion. Following an examination in 2016, his 
ophthalmologist stated, ``In my medical opinion I see no ocular reason 
to exclude Mr. Barajas from driving or operating a commercial 
vehicle.'' Mr. Barajas Ramirez reported that he has driven tractor-
trailer combinations for 13 years, accumulating 140,000 miles. He holds 
a Class A CDL from Illinois. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Curtis W. Bottorf

    Mr. Bottorf, 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/
80. Following an examination in 2015, his optometrist stated, ``I 
certify that, in my medical opinion, Curt Bottorf has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Bottorf reported that he has driven straight trucks for 
23 years, accumulating 345,000 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.

Ronnie E. Boyd

    Mr. Boyd, 51, has had corneal ectasia in his right eye since 2013. 
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, 
``Ronnie has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Boyd reported that he has driven 
straight trucks for 1 year, accumulating 7,000 miles and tractor-
trailer combinations for 6 years, accumulating 480,000 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.

Laurence R. Casey

    Mr. Casey, 56, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/400, and in his left eye, 20/40. 
Following an examination in 2016, his ophthalmologist stated, ``Mr. 
Casey has sufficient vision to operate a commercial vehicle.'' Mr. 
Casey reported that he has driven straight trucks for 34 years, 
accumulating 153,000 miles, and tractor-trailer combinations for 34 
years, accumulating 2.04 million miles. He holds a Class AM CDL from 
Massachusetts. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Jon C. Dillon

    Mr. Dillon, 47, has macular scarring in his left eye due to a 
traumatic incident in 1991. The visual acuity in his right eye is 20/
20, and in his left eye, counting fingers. Following an examination in 
2016, his optometrist stated, ``It is my medical opinion that Mr. 
Dillion has sufficient vision to perform the driving tests required to 
operate a commercial vehicle under your guidelines.'' Mr. Dillon 
reported that he has driven straight trucks for 23 years, accumulating 
11,500 miles and tractor-trailer combinations for 10 years, 
accumulating 30,000 miles. He holds a Class A CDL from Minnesota. His 
driving record for the last 3 years shows

[[Page 26307]]

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

Richard W. Ellis

    Mr. Ellis, 48, has had a prosthetic right eye since 2000. 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, 
``In regards to his visual competence, Mr. Ellis is quite sufficiently 
equipped to operate commercial vehicles.'' Mr. Ellis reported that he 
has driven tractor-trailer combinations for 30 years, accumulating 2.4 
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.

Shorty Ellis

    Mr. Ellis, 52, has had a retinal scar in his right eye since 
childhood. 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, 
``. . . Mr. Ellis has stable vision that hasn't changed and he is safe 
to operate a commercial motor vehicle as he has been successfully doing 
for years.'' Mr. Ellis reported that he has driven straight trucks for 
35 years, accumulating 280,000 miles, tractor-trailer combinations for 
5 years, accumulating 390,000 miles and buses for 2 years, accumulating 
2,400 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.

Gregory T. Garris

    Mr. Garris, 47, 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 2015, his ophthalmologist stated, 
``Given his long-term record of safely driving with one good eye, I see 
no reason to deny him continued privilege of driving as a commercial 
driver.'' Mr. Garris reported that he has driven tractor-trailer 
combinations for 25 years, accumulating 1.63 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.

James R. Hammond

    Mr. Hammond, 27, 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 2015, his optometrist stated, 
``The patient states that he has safely driven commercial vehicles for 
many years with no troubles. I think the patient should be able to 
drive safely with his excellent vision (left eye) and his excellent 
visual field with both eyes.'' Mr. Hammond reported that he has driven 
straight trucks for 2 years, accumulating 28,080 miles. He holds a 
Class D CDL from Ohio. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Russell P. Kosinko

    Mr. Kosinko, 55, has a scar in his right eye due to a traumatic 
incident in 2011. The visual acuity in his right eye is 20/600, and in 
his left eye, 20/30. Following an examination in 2015, his optometrist 
stated, ``In my medical opinion Russell does have sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Kosinko reported that he has driven straight trucks for 20 years, 
accumulating 2 million miles, and tractor-trailer combinations for 20 
years, accumulating 520,000 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.

Christopher B. Liston

    Mr. Liston, 47, has had a chorioretinal scar 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, 
``It is my opinion that Mr. Liston has sufficient vision to perform 
driving tasks required to operate a commercial vehicle as it relates to 
his vision.'' Mr. Liston reported that he has driven straight trucks 
for 11 years, accumulating 126,720 miles, and tractor-trailer 
combinations for 11 years, accumulating 31,680 miles. He holds a Class 
AM CDL from Tennessee. His driving record for the last 3 years shows 
one crash, to which he did not contribute and for which he was not 
cited, and no convictions for moving violations in a CMV.

Larry D. Miller

    Mr. Miller, 72, has had a prosthetic right eye since 1969. The 
visual acuity in his right eye is no light perception, and in his left 
eye, 20/25. Following an examination in 2015, his optometrist stated, 
``In my professional medical opinion, Mr. Larry Miller has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Miller reported that he has driven straight trucks for 
10 years, accumulating 250,000 miles, and tractor-trailer combinations 
for 43 years, accumulating 4.3 million 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.

Mickael P. Miller

    Mr. Miller, 52, has had exotropia in both eyes since childhood, 
preventing him from using both eyes together. The visual acuity in his 
right eye is 20/20, and in his left eye, 20/20. Following an 
examination in 2016, his optometrist stated, ``In my opinion Mr. Miller 
has vision adequate to drive a commercial vehicle, especially in light 
of his long work history doing this very job with an apparently 
successful track record.'' Mr. Miller reported that he has driven 
straight trucks for 25 years, accumulating 50,000 miles. He holds a 
Class B CDL from Louisiana. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Benny D. Patterson

    Mr. Patterson, 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, counting fingers. Following an examination in 2015, his 
ophthalmologist stated, ``I do feel that Mr. Patterson, in my medical 
opinion, has sufficient vision to perform the driving tasks required to 
operative [sic] a commercial motor vehicle with the monocular Vision 
Exemption Program.'' Mr. Patterson reported that he has driven straight 
trucks for 38 years, accumulating 760,000 miles and tractor-trailer 
combinations for 35 years, accumulating 875,000 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.

James A. Peterson

    Mr. Peterson, 67, had a retinal detachment in his left eye in 1965. 
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, ``His color vision is completely normal, and in my medical 
opinion, he has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Peterson reported that he has 
driven straight trucks for 3 years, accumulating 30,000 miles, and 
tractor-trailer combinations for 20 years, accumulating 1 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.

[[Page 26308]]

Jose R. Pitre Rodriguez

    Mr. Pitre Rodriguez, 57, 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 2015, his optometrist 
stated, ``Mr. Pitre has sufficient vision to perform the driving test 
required and to operate a commercial vehicle.'' Mr. Pitre Rodriguez 
reported that he has driven straight trucks for 23 years, accumulating 
61,600 miles. He holds a Class A CDL from FL. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

John Rueckert

    Mr. Rueckert, 63, had a retinal detachment in his left eye in 2013. 
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 
opinion, John has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Rueckert reported that 
he has driven straight trucks for 45 years, accumulating 2.25 million 
miles and tractor-trailer combinations for 39 years, accumulating 5.85 
million 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.

Joseph W. Schmit

    Mr. Schmit, 54, has a prosthetic left eye due to a traumatic 
incident in 1987. 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, ``It is my medical opinion that he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Schmit reported that he has driven straight 
trucks for 20 years, accumulating 250,000 miles and tractor-trailer 
combinations for 4 years, accumulating 22,000 miles. He holds a Class A 
CDL from Nebraska. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Douglas R. Strickland

    Mr. Strickland, 25, has had refractive 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 2015, his optometrist 
stated, ``He should be cleared to drive a commercial vehicle from a 
visual standpoint in my opinion.'' Mr. Strickland reported that he has 
driven straight trucks for 8 years, accumulating 12,800 miles. He holds 
a Class C CDL from North Carolina. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Vladimir Szudor

    Mr. Szudor, 44, 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, ``Yes, 
Mr. Szudor has sufficient vision to perform the driving tasks to 
operate commercial vehicle.'' Mr. Szudor reported that he has driven 
buses for 8 years, accumulating 320,000 miles. He holds an operator's 
license from Florida. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Marvin S. Zimmerman

    Mr. Zimmerman, 69, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is light perception, and 
in his left eye, 20/20. Following an examination in 2015, his 
optometrist stated, ``In my medical opinion Mr. Zimmerman has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Zimmerman reported that he has driven 
tractor-trailer combinations for 40 years, accumulating 5.2 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.

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-2016-0027 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-2016-0027 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 26, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-10200 Filed 4-29-16; 8:45 am]
 BILLING CODE 4910-EX-P