[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52514-52516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18735]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0031]


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 11 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 September 7, 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-2016-0031 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 11 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

Daniel S. Billig

    Mr. Billig, 29, 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, Daniel has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Billig reported 
that he has driven straight trucks for 3 years, accumulating 30,000 
miles. He holds an 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.

Duane N. Brojer

    Mr. Brojer, 50, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/100. 
Following an examination in 2016, his optometrist stated, ``Dr. L. 
Victor Sandoval certifies that in his medical opinion, Duane has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Brojer reported that he has driven straight 
trucks for 21 years, accumulating 756,000 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.

[[Page 52515]]

Jeffrey D. Davis

    Mr. Davis, 56, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2016, his optometrist stated, ``Mr. 
Davis has sufficient vision to perform driving tasks that are required 
to operate a commercial vehicle.'' Mr. Davis reported that he has 
driven straight trucks for 2 years, accumulating 23,400 miles, and 
tractor-trailer combinations for 26 years, accumulating 624,000 miles. 
He holds a Class A CDL from North Carolina. His driving record for the 
last 3 years shows one crash in a CMV, to which he contributed but for 
which he was not cited, and no convictions for moving violations in a 
CMV.

Paul D. Evenhouse

    Mr. Evenhouse, 59, has had exotropia in his left eye since birth. 
The visual acuity in his right eye is 20/25, and in his left eye, 20/
200. Following an examination in 2016, his optometrist stated, ``The 
patient reports that he has driven a large truck with CDL license for 
about 40 years. Since he has passed your CDL vision criteria in the 
past, and his vision and eye health are stable, I believe he can 
continue safely.'' Mr. Evenhouse reported that he has driven straight 
trucks for 31 years, accumulating 1.13 million miles. He holds a Class 
B CDL from Illinois. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Jonathan W. Gibbons

    Mr. Gibbons, 40, has had refractive 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 2016, his optometrist 
stated, ``It is my opinion that Mr. Gibbons has more than sufficient 
vision to operate a commercial vehicle.'' Mr. Gibbons reported that he 
has driven straight trucks for 4 years, accumulating 120,000 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.

Shane J. Graff

    Mr. Graff, 29, 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 2016, his optometrist stated, ``Mr. 
Graff will need to wear a correction, but with this correction, will 
have 20/20 visual acuity and full peripheral field of vision. There 
should be no difficulty with him driving a commercial vehicle at this 
time.'' Mr. Graff reported that he has driven tractor-trailer 
combinations for 13 years, accumulating 390,000 miles, and buses for 8 
years, accumulating 40,000 miles. He holds an operator's license from 
Michigan. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Brian D. Hoover

    Mr. Hoover, 53, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/15, and in his left eye, 20/100. 
Following an examination in 2016, his optometrist stated, ``I, Denise 
C. Gimbel, OD, in my medical opinion, feel Brian Hoover has sufficient 
vision to perform the [sic] driving tasks required to operate a 
commercial vehicle.'' Mr. Hoover reported that he has driven straight 
trucks for 34 years, accumulating 3,400 miles, and tractor-trailer 
combinations for 34 years, accumulating 68,000 miles. He holds a Class 
A CDL from Iowa. 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.

Michael A. Kafer

    Mr. Kafer, 32, has had refractive 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, 
``It is my medical opinion Michael Kafer has sufficient vision to 
perform the driving task as required to operate a commercial vehicle.'' 
Mr. Kafer reported that he has driven tractor-trailer combinations for 
10 years, accumulating 35,000 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.

Christopher Robinson

    Mr. Robinson, 38, has had Coat's retinopathy 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 2016, his ophthalmologist 
stated, ``In my medical opinion, he has sufficient vision to perform 
the driving tasks for operating a commercial vehicle.'' Mr. Robinson 
reported that he has driven straight trucks for 4 years, accumulating 
124,800 miles, and tractor-trailer combinations for 4 years, 
accumulating 140,000 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.

Joshua R. Stanley

    Mr. Stanley, 43, has a corneal scar in his right eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/250, and in his left eye, 20/20. Following an examination in 2016, 
his optometrist stated, ``Mr. Stanley has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Stanley reported that he has driven straight trucks for 3 years, 
accumulating 28,300 miles. He holds an operator's license from 
Oklahoma. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Charles F. Tibbetts

    Mr. Tibbetts, 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, 20/70. Following an examination in 2016, his optometrist stated, 
``The above is under my care and is visually impaired (mildly) in the 
left eye due to amblyopia which began at childhood and is stable. He 
should be allowed to drive a commercial vehicle.'' Mr. Tibbetts 
reported that he has driven straight trucks for 10 years, accumulating 
50,000 miles, and tractor-trailer combinations for 14 years, 
accumulating 364,000 miles. He holds an operator's license 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-2016-0031 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

[[Page 52516]]

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-2016-0031 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: July 27, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-18735 Filed 8-5-16; 8:45 am]
 BILLING CODE 4910-EX-P