[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70248-70251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24465]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0207]


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 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-2016-0207 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://

[[Page 70249]]

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 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

Joshua A. Akshar

    Mr. Akshar, 22, 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 2016, his optometrist stated, ``In my 
medical opinion, Joshua Akshar has sufficient visual acuity and field 
of vision to perform the driving tasks to operate a commercial 
vehicle.'' Mr. Akshar reported that he has driven straight trucks for 3 
years, accumulating 10,200 miles. He holds a Class B CDL from New York. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Elijah A. Allen, Jr.

    Mr. Allen, 52, 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 optometrist stated, ``It is 
my medical opinion that he has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Allen reported 
that he has driven straight trucks for 8 years, accumulating 320,000 
miles, tractor-trailer combinations for 25 years, accumulating 2 
million miles, and buses for 1 year, accumulating 2,600 miles. He holds 
a Class A CDL from Arkansas. His driving record for the last 3 years 
shows no crashes and one conviction for a moving violation in a CMV; he 
exceeded the speed limit by 10 miles per hour (mph).

Tanner H. Brooks

    Mr. Brooks, 21, has had amblyopia in his right eye since birth. 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, ``It is my 
opinion that his vision will enable him to safely operate a commercial 
vehicle.'' Mr. Brooks reported that he has driven tractor-trailer 
combinations for 3 years, accumulating 24,000 miles. He holds an 
operator's license from Mississippi. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Brian E. Broux

    Mr. Broux, 49, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/25, and in his left eye, 20/
50. Following an examination in 2016, his optometrist stated, ``In my 
opinion, Mr. Broux's vision is sufficient to operate a commercial motor 
vehicle.'' Mr. Broux reported that he has driven straight trucks for 11 
years, accumulating 143,000 miles. He holds a Class BM1 CDL from 
California. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Alvin J. Dannenmann

    Mr. Dannenmann, 50, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/25, and in his left 
eye, 20/60. Following an examination in 2016, his optometrist stated, 
``In my professional opinion Mr [sic] Dannenmann has sufficient to 
[sic] vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Dannenmann reported that he has driven 
straight trucks for 30 years, accumulating 2.34 million miles, and 
tractor-trailer combinations for 30 years, accumulating 450,000 miles. 
He holds an operator's license from Delaware. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Wayne L. Dorbert

    Mr. Dorbert, 58, has had exotropia in his right eye due to 
amblyopia 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, ``Visual ability and acuity are stable and 
sufficient to operate a commercial vehicle.'' Mr. Dorbert reported that 
he has driven buses for 6 years, accumulating 61,500 miles. He holds a 
Class B CDL from Pennsylvania. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Roger D. Ellsworth Jr.

    Mr. Ellsworth, 44, has hypoexotropia in his left eye since birth. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
40. Following an examination in 2016, his optometrist stated, ``In my 
opinion, Mr. Ellsworth has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle, with his optical 
correction.'' Mr. Ellsworth reported that he has driven straight trucks 
for 14 years, accumulating 364,000 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.

Gregory L. Frisch

    Mr. Frisch, 48, has had complete loss of vision in his 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, ``I believe he has sufficient vision to perform 
the driving tasks that require operating a commercial or passenger 
vehicle.'' Mr. Frisch reported that he has driven straight trucks for 
15 years,

[[Page 70250]]

accumulating 90,000 miles, tractor-trailer combinations for 15 years, 
accumulating 60,000 miles, and buses for 10 years, accumulating 50,000 
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.

Josh Gallant Jr.

    Mr. Gallant, 68, has had a retinal detachment in his right eye 
since 1992. 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, ``It is my opinion that his vision and ocular health should not 
[sic] prevent him from being able to operate a commercial vehicle.'' 
Mr. Gallant reported that he has driven straight trucks for 22 years, 
accumulating 2.34 million miles. He holds a Class B CDL from South 
Carolina. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

John P. Grum

    Mr. Grum, 45, has 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 
medical opinion I feel John has more than sufficient vision to continue 
to operate a commercial vehicle.'' Mr. Grum reported that he has driven 
straight trucks for 20 years, accumulating 600,000 miles, and tractor-
trailer combinations for 20 years, accumulating 1 million 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.

Dillon L. Hendren

    Mr. Hendren, 28, 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 2016, his optometrist stated, ``Since Mr. 
Hendren's visual fields are much greater than the required field in 
each eye, he should be considered visually competent to operate a 
commercial vehicle.'' Mr. Hendren reported that he has driven straight 
trucks for 9 years, accumulating 142,659 miles. He holds an operator's 
license from South Carolina. His driving record for the last 3 years 
shows one crash; he was cited for spillage of load/improper load 
secure.

Roger E. Kadolph

    Mr. Kadolph, 63, has a macular scar in his left eye since 1952. 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, ``In 
short, the history and examination was consistent with a history of 
very early cataract formation along with a macular scar rendering 
decreased central visual acuity with no changes in the peripheral 
vision in both eyes . . . In regards to his exam, again everything has 
been unchanged and he should be strongly considered for a waiver for 
this CDL as nothing has been altered here in the last many years.'' Mr. 
Kadolph reported that he has driven straight trucks for 45 years, 
accumulating 45,000 miles, tractor-trailer combinations for 24 years, 
accumulating 120,000 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.

Jay D. May

    Mr. May, 36, 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 optometrist stated, ``Jay's 
vision is sufficient to drive a commercial vehicle.'' Mr. May reported 
that he has driven straight trucks for 11 years, accumulating 5,500 
miles, tractor-trailer combinations for 11 years, accumulating 495,000 
miles. He holds a Class A CDL from Colorado. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Tracy L. Neal

    Mr. Neal, 49, has had optic atrophy in his right eye due to a 
traumatic incident in 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, ``It is my medical opinion that Mr. Neal has 
sufficient vision to perform safe driving tasks required to operate a 
commercial vehicle.'' Mr. Neal reported that he has driven tractor-
trailer combinations for 26 years, accumulating 2.6 million 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.

Edward P. Paloskey Jr.

    Mr. Paloskey, 56, has retinal scar in his left eye due to an 
electromagnetic foreign body in 1984. 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 medical opinion, Edward P. 
Paloskey Jr [sic] has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Paloskey reported that 
he has driven straight trucks for 30 years, accumulating 4.2 million 
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.

Jesse R. Parker

    Mr. Parker, 44, has had amblyopia 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 2016, his optometrist stated, ``In my 
medical opinion, Mr. Parker has sufficient vision to perform the 
driving tasks assigned to him to operate a commercial vehicle.'' Mr. 
Parker reported that he has driven tractor-trailer combinations for 16 
years, accumulating 80,000 miles. He holds an operator's license from 
Louisiana. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Christopher A. Stewart

    Mr. Stewart, 57, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/60, and in his left 
eye, 20/20. Following an examination in 2016, his optometrist stated 
that Mr. Stewart does have sufficient vision to perform the driving 
tasks required to operate a commercial motor vehicle. Mr. Stewart 
reported that he has driven tractor-trailer combinations for 32 years, 
accumulating 3.58 million 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.

Emejildo Vargas

    Mr. Vargas, 28, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/15, and in his left eye, 20/
200. Following an examination in 2016, his optometrist stated, ``Mr. 
Vargas does meet the visual standards to drive legally and there is 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Vargas reported that he has driven straight 
trucks for 4 years, accumulating 74,080 miles, and tractor-trailer 
combinations for 2 years, accumulating 14,580 miles. He holds a Class A 
CDL from Massachusetts. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

[[Page 70251]]

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-2016-0207 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-2016-0207 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. 2016-24465 Filed 10-7-16; 8:45 am]
 BILLING CODE 4910-EX-P