[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60115-60117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20932]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0206]


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 12 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 30, 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-2016-0206 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 12 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

Timothy D. Beaulier

    Mr. Beaulier, 58, has had a macular scar in his right eye due to a 
traumatic incident in 1971. The visual acuity in his right eye is light 
perception, and in his left eye, 20/20. Following an examination in 
2016, his optometrist stated, ``Tim does well as a monocular patient. I 
feel he will have no issues on the roadway based on visual demands. I 
do not see any issue with Tim Beaulier's ability to safely operate a 
commercial vehicle at this time.'' Mr. Beaulier reported that he has 
driven straight trucks for 30 years, accumulating 15,000 miles and 
tractor-trailer combinations for 14 years, accumulating 218,400 miles. 
He holds a Class CA CDL from Michigan. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Earl D. Edland

    Mr. Edland, 71, has complete loss of vision in his right eye since 
childhood. The visual acuity in his right eye is no light perception, 
and in his left eye, 20/25. Following an examination in 2015, his 
ophthalmologist stated, ``His visual status has been stable for many 
years . . . Mr. Edland appears to be functioning well and it is my 
opinion that he is capable of operating a commercial motor vehicle in 
traffic.'' Mr. Eldand reported that he has driven straight trucks for 
50 years, accumulating 1.3 million miles. He holds a Class B CDL from 
Minnesota. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

David M. Field

    Mr. Field, 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/
15. Following an examination in 2016, his ophthalmologist stated, 
``Where he has been functioning successfully with excellent central and 
peripheral vision under binocular conditions, it is my opinion that he 
has more than sufficient vision to continue to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Field reported 
that he has driven straight trucks for 30 years, accumulating 1.5 
million miles and tractor-trailer combinations for 30 years, 
accumulating 1.5 million 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.

Jerry D. Gartman

    Mr. Gartman, 60, has had amblyopia in his right eye since 
childhood. 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 medical opinion, Mr. Gartman has sufficient vision to perform 
the driving tasks required to operate a

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commercial vehicle.'' Mr. Gartman reported that he has driven straight 
trucks for 3 years, accumulating 90,000 miles and tractor-trailer 
combinations for 14 years, accumulating 700,000 miles. He holds a Class 
AM CDL from Texas. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

William I. Inskeep

    Mr. Inskeep, 57, has glaucoma 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, 20/15. Following an examination in 2016, his optometrist 
stated, ``Mr. Inskeep has been able to drive a commercial vehicle over 
the years and could continue to do so since his glaucoma is stable and 
unchanged since 2009.'' Mr. Inskeep reported that he has driven 
straight trucks for 27 years, accumulating 810,000 miles, and tractor-
trailer combinations for 3 years, accumulating 45,000 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.

Spencer B. Jacobs

    Mr. Jacobs, 41, 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, ``It is 
my expert opinion that Spencer Jacobs has sufficient vision to operate 
a commercial vehicle.'' Mr. Jacobs reported that he has driven tractor-
trailer combinations for 3 years, accumulating 22,500 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.

Edison Joe

    Mr. Joe, 62, has had anisometropia and amblyopia in his right eye 
since childhood. The visual acuity in his right eye is 20/40, and in 
his left eye, 20/20. Following an examination in 2016, his optometrist 
stated, ``From a vision standpoint only, Mr. Joe has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Joe reported that he has driven straight trucks for 10 
years, accumulating 260,000 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.

Duane A. McCord

    Mr. McCord, 49, has a prosthesis 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 optometrist stated, ``Based on all of the 
findings, I have determined that Mr. McCord does have sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. McCord reported that he has driven straight trucks for 
10 years, accumulating 500,000 miles. He holds an operator's license 
from Illinois. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Odilio Monterroso De Leon

    Mr. Monterroso De Leon, 44, has had a prosthetic in his left eye 
due to a traumatic incident in birth. 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, ``I certify that in my 
medical opinion, Mr. Monterroso has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. 
Monterroso De Leon reported that he has driven straight trucks for 15 
years, accumulating 1.88 million miles. He holds an operator's license 
from Texas. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

James M. Moore

    Mr. Moore, 74, has a prosthetic in his left eye due to a traumatic 
incident in 1976. 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, ``I certify from the above qualifications that 
Mr. Moore has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Moore reported that he has 
driven tractor-trailer combinations for 30 years, accumulating 3.12 
million miles. He holds a Class A CDL from Mississippi. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Raymond White

    Mr. White, 58, has a retinal detachment 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 
ophthalmologist stated, ``I would consider that Mr. White has adequate 
vision to perform driving tests [sic] and to operate a commercial 
vehicle.'' Mr. White reported that he has driven tractor-trailer 
combinations for 38 years, accumulating 4.94 million 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.

Brian C. Wittenburg

    Mr. Wittenburg, 43, had a cerebrovascular accident in his right eye 
in 2006. The visual acuity in his right eye is counting fingers, and in 
his left eye, 20/20. Following an examination in 2016, his 
ophthalmologist stated, ``Mr. Wittenburg has sufficient vision to 
continue to operate a commercial vehicle.'' Mr. Wittenburg reported 
that he has driven straight trucks for 20 years, accumulating 500,000 
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.

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-2016-0206 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.

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    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-2016-0206 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: August 19, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-20932 Filed 8-30-16; 8:45 am]
BILLING CODE 4910-EX-P