[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Pages 59266-59268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20494]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0033]


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 18 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 28, 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-2016-0033 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 18 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

Gregory M. Anderson

    Mr. Anderson, 50, 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 2016, his ophthalmologist 
stated, ``Visual field and color testing are normal. Mr. Anderson is 
okay to drive a commercial vehicle.'' Mr. Anderson reported that he has 
driven straight trucks for 12 years, accumulating 156,000 miles. He 
holds an operator's license from New York. His driving record for the 
last 3 years shows 1 crash in a CMV, for which he was not cited, and no 
convictions for moving violations in a CMV.

Richard D. Auger

    Mr. Auger, 53, has had a prosthetic right eye since 1989. The 
visual acuity in his right eye is no light perception, and in his left 
eye, 20/20. Following an examination in 2016, his optometrist stated, 
``Based on my medical opinion, patient has sufficient vision in his 
left eye to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Auger reported that he has driven straight trucks for 33 
years, accumulating 49,500 miles, and tractor-trailer combinations for 
20 years, accumulating 10,000 miles. He holds a Class AM1 CDL from 
California. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Theodore N. Belcher

    Mr. Belcher, 33, has had a cataract in his right eye due to a 
traumatic incident in 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, ``Certifies that in my medical opinion, patient 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle: YES he has that opinion from me.'' Mr. Belcher 
reported that he has driven straight trucks for 3 years, accumulating 
46,800 miles, and tractor-trailer combinations for 2 years, 
accumulating 72,000 miles. He holds a Class A CDL from Virginia. His 
driving record for the last 3 years shows 1 crash in a CMV, for which 
he was cited, and

[[Page 59267]]

no convictions for moving violations in a CMV.

Darrin E. Bogert

    Mr. Bogert, 50, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/80, and in his left eye, 20/20. 
Following an examination in 2016, his ophthalmologist stated, ``His 
vision and driving attitude & [sic] history bears out the [sic] he can 
safely operate a commercial vehicle.'' Mr. Bogert reported that he has 
driven straight trucks for 13 years, accumulating 26,000 miles, and 
tractor-trailer combinations for 13 years, accumulating 650,000 miles. 
He holds a Class AM CDL from New York. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Michael S. Buck

    Mr. Buck, 42, 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 2015, his optometrist stated, ``In my 
professional opinion, Mr. Michael Buck has sufficient vision to perform 
the driving tasks required to operate the commercial vehicle.'' Mr. 
Buck reported that he has driven straight trucks for 10 years, 
accumulating 50,000 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.

Jose D. Chavez

    Mr. Chavez, 45, has complete loss of vision 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 ophthalmologist stated, ``In summary, Mr. 
Chavez demonstrates a visual acuity of 20/20 in his left eye and full 
visual field in his left eye, as well as full color testing for his 
left eye. After speaking with the Federal vision exemption program 
today, Mr. Chavez fulfills their criteria for being able to safely 
operate a commercial vehicle.'' Mr. Chavez reported that he has driven 
straight trucks for 15 years, accumulating 375,000 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.

Philip J. Clements

    Mr. Clements, 65, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/125, and in his 
left eye, 20/20. Following an examination in 2016, his optometrist 
stated, ``Philip J Clements [sic] was seen in our office on 3/25/16 for 
his yearly DOT eye exam . . . He has the ability and vision in both 
eyes to perform tasks needed for driving.'' Mr. Clements reported that 
he has driven straight trucks for 5 years, accumulating 125,000 miles, 
tractor-trailer combinations for 10 years, accumulating 750,000 miles. 
He holds a Class ABCD CDL from Wisconsin. His driving record for the 
last 3 years shows 1 crash; for which he was cited for operating in 
excess of height limit, and no convictions for moving violations in a 
CMV.

Alfonso P. Echevarria

    Mr. Echevarria, 38, 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 2016, his ophthalmologist 
stated, ``Given the patient's best corrected visual acuity and visual 
field testing results, this patient meets criteria for sufficient 
vision to perform the driving task required to operate a commercial 
vehicle.'' Mr. Echevarria reported that he has driven straight trucks 
for 7 years, accumulating 14,000 miles. He holds an operator's license 
from Georgia. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Samuel R. Graziano

    Mr. Graziano, 54, 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 2016, his optometrist 
stated, ``In my professional opinion Mr. Graziano has stable visual 
acuity, peripheral vision and sufficient vision to perform the driving 
tasks for a commercial vehicle.'' Mr. Graziano reported that he has 
driven tractor-trailer combinations for 25 years, accumulating 1 
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.

Zagar E. Melvin

    Mr. Melvin, 47, has a retinal detachment in his right eye due to a 
traumatic incident in 2007. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2016, his ophthalmologist stated, ``If this is the case, then in my 
opinion, Mr. Melvin has sufficient vision to operate a commercial 
vehicle.'' Mr. Melvin reported that he has driven straight trucks for 1 
year, accumulating 25,000 miles, and tractor-trailer combinations for 3 
years, accumulating 300,000 miles. He holds a Class A CDL from Georgia. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

George R. Morehouse

    Mr. Morehouse, 70, 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 optometrist stated, ``I 
believe he can see well enough to safely operate a commercial motor 
vehicle.'' Mr. Morehouse reported that he has driven straight trucks 
for 35 years, accumulating 175,000 miles, and tractor-trailer 
combinations for 35 years, accumulating 175,000 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.

Robert H. Nelson, III

    Mr. Nelson, 67, has had amblyopia in his right eye since birth. 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, ``In my 
medical opinion, Mr. Nelson has sufficient vision to perform the 
driving tasks required to operate a commercial motor vehicle.'' Mr. 
Nelson reported that he has driven straight trucks for 40 years, 
accumulating 1.4 million miles. He holds an operator's license from 
Virginia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Salvador Sanchez

    Mr. Sanchez, 39, has complete loss of vision 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 2016, his ophthalmologist stated, ``After thorough 
examination, I conclude that Mr. Sanchez [sic] visual deficiency in the 
right eye is stable and he has sufficient vision in the left eye to 
operate a commercial vehicle.'' Mr. Sanchez reported that he has driven 
straight trucks for 11 years, accumulating 137,500 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.

Randal J. Shabloski

    Mr. Shabloski, 41, has had amblyopia in his right eye since 
childhood. The

[[Page 59268]]

visual acuity in his right eye is 20/80, and in his left eye, 20/20. 
Following an examination in 2016, his optometrist stated, ``His 
uncorrected visual acuity had improved to 20/80 OD and continues to be 
20/20 OS. Due to this improvement in his uncorrected visual acuity of 
his right eye I would recommend that you consider a re-evaluation for 
the possibility of Mr. Shabloski to obtain his CDL.'' Mr. Shabloski 
reported that he has driven straight trucks for 20 years, accumulating 
116,000 miles and tractor-trailer combinations for 20 years, 
accumulating 54,000 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.

Curtis L. Shannon

    Mr. Shannon, 44, has had congenital coloboma in his left eye since 
birth. The visual acuity in his right eye is 20/30, and in his left 
eye, 20/400. Following an examination in 2016, his optometrist stated, 
``It is my medical opinion that Mr. Curtis meets/exceeds all necessary 
vision test for CDL [sic].'' Mr. Shannon reported that he has driven 
straight trucks for 4 years, accumulating 40,000 miles, and tractor-
trailer combinations for 4 years, accumulating 90,000 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.

Ricardo N. Vargas

    Mr. Vargas, 62, has a macular scar in his left eye since 2000. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/80. 
Following an examination in 2016, his optometrist stated, ``In my 
opinion Ricardo has sufficient vision to perform driving tasks required 
for commercial vehicle [sic].'' Mr. Vargas reported that he has driven 
tractor-trailer combinations for 17 years, accumulating 680,000 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.

Johnny Watson

    Mr. Watson, 59, has a prosthetic 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 ophthalmologist stated, ``The patient has excellent visual acuity 
in his right eye with a full visual field of 120 in the horizontal. I 
think that he has adequate vision to perform any tasks assigned to him. 
The question was posed as to whether or not he could perform the 
driving tasks required to operate a commercial vehicle. Although I feel 
that this is the case, I cannot comment with a certainty as I have 
never personally witnessed the patient operation [sic] a commercial 
vehicle.'' Mr. Watson reported that he has driven straight trucks for 
25 years, accumulating 300,000 miles, and tractor-trailer combinations 
for 15 years, accumulating 120,000 miles. He holds a Class BM CDL from 
Georgia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Harold F. White, Jr.

    Mr. White, 53, 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/
50. Following an examination in 2016, his optometrist stated, ``It is 
my opinion that he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. White reported that he 
has driven straight trucks for 4 years, accumulating 35,000 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-2016-0033 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-2016-0033 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.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-20494 Filed 8-26-16; 8:45 am]
 BILLING CODE 4910-EX-P