[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70251-70253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24452]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0209]


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 November 10, 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-2016-0209 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: Ms. 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.

[[Page 70252]]

II. Qualifications of Applicants

Robert A. Andersen

    Mr. Andersen, 81, has a prosthetic left eye due to a traumatic 
incident in 2011. The visual acuity in his right eye is 20/25, and in 
his left eye, no light perception. Following an examination in 2016, 
his ophthalmologist stated, ``Mr. Andersen functions well with 
activities of daily living including but not limited to sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Andersen reported that he has driven straight trucks for 
64 years, accumulating 30 million miles, and tractor-trailer 
combinations for 58 years, accumulating 5.6 million 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.

Daniel L. Bawden

    Mr. Bawden, 71, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/300. 
Following an examination in 2016, his optometrist stated, ``In my 
professional opinion, the scotoma in his left eye is so small that he 
can safely operate a commercial vehicle.'' Mr. Bawden reported that he 
has driven straight trucks for 7 years, accumulating 21,000 miles, and 
tractor-trailer combinations for 43 years, accumulating 3.2 million 
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.

Kelly L. Ewing

    Mr. Ewing, 47, has had complete loss of vision in his left eye due 
to a traumatic incident in 1999. 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, ``In my medical opinion, I 
do believe that Mr. [sic] Ewing has sufficient vision to perform the 
driving tasks required of him to operate a commercial vehicle.'' Mr. 
Ewing reported that he has driven straight trucks for 30 years, 
accumulating 150,000 miles, and tractor-trailer combinations for 23 
years, accumulating 548,550 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.

Joseph G. Fischer

    Mr. Fischer, 52, has a corneal scar in his left eye due to a 
traumatic incident in 2013. The visual acuity in his right eye is 20/
15, and in his left eye, count fingers. Following an examination in 
2016, his ophthalmologist stated, ``I believe Mr. Fischer is capable to 
return to work as a commercial driver despite the vision impairment of 
the left eye.'' Mr. Fischer reported that he has driven straight trucks 
for 33 years, accumulating 495,000 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.

Nylo K. Helberg

    Mr. Helberg, 26, 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/
100. Following an examination in 2016, his optometrist stated, ``In my 
opinion, his condition will not affect his ability to safely operate a 
commercial vehicle.'' Mr. Helberg reported that he has driven straight 
trucks for 4 years, accumulating 240,000 miles. He holds an operator's 
license from North Dakota. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

J. Willard Keener

    Mr. Keener, 58, has had strabismus in his right eye since 
childhood. The visual acuity in his right eye is hand motion, and in 
his left eye, 20/20. Following an examination in 2016, his optometrist 
stated, ``In my opinion, Mr. Keener has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Keener reported that he has driven straight trucks for 30 years, 
accumulating 360,000 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.

Billy R. McLaurin

    Mr. McLaurin, 69, has had a retinal scar in his right eye since 
childhood. The visual acuity in his right eye is 20/400, and in his 
left eye, 20/30. Following an examination in 2016, his ophthalmologist 
stated, ``In conclusion, it is my opinion that the ophthalmic findings 
in the above gentleman's right eye are chronic and stable and do not 
seem to significantly impact his capacity to operate a commercial 
vehicle.'' Mr. McLaurin reported that he has driven buses for 19 years, 
accumulating 141,246 miles. He holds a Class CB CDL from Delaware. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Jason R. Raml

    Mr. Raml, 37, 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, ``I feel 
that Jason has sufficient vision to safely operate a commercial 
vehicle.'' Mr. Raml reported that he has driven straight trucks for 25 
years, accumulating 75,000 miles, and tractor-trailer combinations for 
12 years, accumulating 85,000 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.

Alfred L. Robinson

    Mr. Robinson, 59, has had a prosthetic left eye since childhood. 
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, ``If correctable to 20/20 in the right eye and 150 degree field 
of vision satisfies your requirements to be able to operate a 
commercial vehicle, then Alfred L. Robinson meets those requirements.'' 
Mr. Robinson reported that he has driven straight trucks for 15 years, 
accumulating 135,000 miles, and tractor-trailer combinations for 15 
years, accumulating 180,000 miles. He holds a Class A CDL from 
Arkansas. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Jerry L. Smith

    Mr. Smith, 52, has had a prosthetic right eye since 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, 
``I certify that in Dr. Timothy Wilson's medical opinion, Jerry L. 
Smith has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Smith reported that he has driven 
straight trucks for 15 years, accumulating 450,000 miles, and tractor-
trailer combinations for 15 years, accumulating 450,000 miles. He holds 
a Class A M2 CDL from Virginia. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Danny R. Tate

    Mr. Tate, 39, has a prosthetic left eye due to a traumatic incident 
in 2007. 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 opinion that he has sufficient vision to 
safely perform the driving tasks required to

[[Page 70253]]

operate a commercial vehicle without restriction.'' Mr. Tate reported 
that he has driven straight trucks for 15 years, accumulating 165,000 
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.

Larry K. Zielinski

    Mr. Zielinski, 69, has age related macular degeneration in his 
right eye since 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, ``In my medical opinion, Larry Zielinski 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Zielinski reported that he has driven 
tractor-trailer combinations for 45 years, accumulating 1.8 million 
miles. He holds a Class A CDL from Oregon. 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-2016-0209 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-2016-0209 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: September 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-24452 Filed 10-7-16; 8:45 am]
 BILLING CODE 4910-EX-P