[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72664-72667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25380]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0210]


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 22 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 21, 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-2016-0210 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.

[[Page 72665]]


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 22 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

Gary A. Behrends

    Mr. Behrends, 58, 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/
15. Following an examination in 2016, his optometrist stated, ``In my 
medical opinion Gary has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Behrends reported that 
he has driven straight trucks for 40 years, accumulating 400,000 miles, 
and tractor-trailer combinations for 40 years, accumulating 400,000 
miles. He holds an operator's license from Nebraska. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Harry R. Brewer

    Mr. Brewer, 53, has a macular scar in his left eye due to a 
traumatic incident in 1994. The visual acuity in his right eye is 20/
20, and in his left eye, 20/60. Following an examination in 2016, his 
optometrist stated, ``In my professional medical opinion, Mr. Harry Rex 
Brewer has sufficient vision to safely perform the driving tasks 
necessary to operate a commercial vehicle.'' Mr. Brewer reported that 
he has driven straight trucks for 26 years, accumulating 1.56 million 
miles. He holds a Class A CDL from Tennessee. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Johnnie B. Bush

    Mr. Bush, 69, 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, 
``Vision is sufficient in the left eye to operate a commercial 
vehicle.'' Mr. Bush reported that he has driven straight trucks for 42 
years, accumulating 84,000 miles, and tractor-trailer combinations for 
42 years, accumulating 2.14 million 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.

Nathan J. Bute

    Mr. Bute, 35, has a prosthetic left eye due to a traumatic incident 
in 2003. 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 of my opinion that Nathan's visual 
condition is stable, & suitable for operation of a commercial 
vehicle.'' Mr. Bute reported that he has driven straight trucks for 7 
years, accumulating 109,200 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.

Gary L. Cox

    Mr. Cox, 51, 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 optometrist stated, ``He has 
normal color vision and has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Cox reported that 
he has driven straight trucks for 3 years, accumulating 62,400 miles. 
He holds an operator's license from Kentucky. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Kevin J. Embrey

    Mr. Embrey, 43, 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 ophthalmologist stated, ``In 
my medial [sic] opinion, he has sufficient vision to perform the 
driving task required to operate a commercial vehicle.'' Mr. Embrey 
reported that he has driven straight trucks for 24 years, accumulating 
360,000 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.

Peter J. Faber

    Mr. Faber, 54, 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 ophthalmologist stated, ``In 
my medical opinion, Peter J. Faber, DOB 8/21/1962, has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Faber reported that he has driven tractor-trailer 
combinations for 5 years, accumulating 600,000 miles. He holds a Class 
A CDL from Nebraska. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Ricky L. Gillum

    Mr. Gillum, 49, has had a retinal detachment in his right eye since 
2011. The visual acuity in his right eye is 20/400, and in his left 
eye, 20/20. Following an examination in 2016, his optometrist stated, 
``I believe Mr. Gillum has sufficient vision to drive a commercial 
vehicle based on his left eye measurements.'' Mr. Gillum reported that 
he has driven straight trucks for 30 years, accumulating 2.25 million 
miles, and tractor-trailer combinations for 19 years, accumulating 1.24 
million miles. He holds a Class A CDL Ohio. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Johnny E. Hill

    Mr. Hill, 45, has enucleation in his right eye due to a traumatic 
incident in 2013. 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, ``Mr. Hill meets the vision waiver 
requirements for a CDL and should be able to operate a commercial 
vehicle.'' Mr. Hill reported that he has driven straight trucks for 2 
years, accumulating 168,000 miles, and tractor-trailer combinations for 
8 years, accumulating 520,000 miles. He holds a Class AM CDL from 
Alabama. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Justin A. Hooper

    Mr. Hooper, 38, has glaucoma in his right eye due to a traumatic 
incident in 2012. The visual acuity in his right eye is counting 
fingers, and in his left eye, 20/20. Following an examination in 2016, 
his optometrist stated, ``In my medical opinion he has adequate vision 
to operate a commercial motor vehicle.'' Mr. Hooper reported that he 
has driven straight trucks for 17 years, accumulating 765,000 miles, 
and tractor-trailer combinations for 13 years, accumulating 65,000 
miles. He holds a

[[Page 72666]]

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.

John R. Horst

    Mr. Horst, 71, has had macular atrophy in his right eye due to 
histoplasmosis since 1980. The visual acuity in his right eye is 20/
200, and in his left eye, 20/15. Following an examination in 2016, his 
optometrist stated, ``It is my opinion that Mr. Horst has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Horst reported that he has driven straight trucks for 52 
years, accumulating 1.09 million miles, and tractor-trailer 
combinations for 47 years, accumulating 235,000 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.

Robert E. Kelley, Jr.

    Mr. Kelley, 55, has amblyopia in his left eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is 20/20, and 
in his left eye, 20/50. Following an examination in 2016, his 
ophthalmologist stated, ``Based on the requirements of the DOT the 
patient has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle'' Mr. Kelley reported that he has driven 
straight trucks for 17 years, accumulating 255,000 miles, and tractor-
trailer combinations for 1 years, accumulating 10,000 miles. He holds 
an operator's license from Washington. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

David L. Manktelow

    Mr. Manktelow, 39, 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, ``It is 
my medical opinion that Mr. Manktelow has sufficient vision to operate 
a commercial vehicle.'' Mr. Manktelow reported that he has driven 
tractor-trailer combinations for 10 years, accumulating 175,000 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.

James F. McLaughlin

    Mr. McLaughlin, 54, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/60. Following an examination in 2016, his optometrist stated, 
``James has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. McLaughlin reported that he has 
driven straight trucks for 35 years, accumulating 700,000 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.

Derrick P. Moore

    Mr. Moore, 37, has had cataract in his right eye since birth. The 
visual acuity in his right eye is hand motion, and in his left eye, 20/
15. Following an examination in 2016, his optometrist stated that Mr. 
Moore does have sufficient vision to perform the driving tasks required 
to operate a CMV. Mr. Moore reported that he has driven straight trucks 
for 21 years, accumulating 420,000 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.

Richard L. Moores

    Mr. Moores, 41, has optic neuropathy and maculopathy in his left 
eye due to a traumatic incident in 1998. 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 Richard 
Moores has sufficient central and peripheral vision OD to operate a 
commercial vehicle.'' Mr. Moores reported that he has driven straight 
trucks for 24 years, accumulating 120,000 miles, and tractor-trailer 
combinations for 5 years, accumulating 6,250 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.

Brian T. Morrison

    Mr. Morrison, 42, has optic atrophy in his left eye due to a 
traumatic incident in 1993. 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, ``Optic Atrophy . . . The patient has been driving 
with a commercial driving license since 1996 without accident. [sic] 
and this adds to my opinion that he can drive safely [sic] at the 
present time and meets the licenses requirement.'' Mr. Morrison 
reported that he has driven straight trucks for 12 years, accumulating 
360,000 miles, and tractor-trailer combinations for 6 years, 
accumulating 30,000 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.

Tad W. Sexsmith

    Mr. Sexsmith, 34, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/15, and in his left 
eye, 20/50. Following an examination in 2016, his optometrist stated, 
``In my professional opinion, I certify that Tad Sexsmith has 
sufficient vision abilities to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Smith reported that he has driven 
straight trucks for 8 years, accumulating 320,000 miles. He holds a 
Class B CDL from Washington. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Dennis M. Varga, Jr.

    Mr. Varga, 37, has had a prosthetic right eye since birth. The 
visual acuity in his right eye is no light perception, and in his left 
eye, 20/15. Following an examination in 2016, his optometrist stated, 
``Mr. Varga was born with a non-functional right eye and does not have 
binocular vision. We would request that with his flawless record as a 
CDL holder, you would grant the necessary medical waiver for him to 
continue with both inter and intra-state driving privileges.'' Mr. 
Varga reported that he has driven straight trucks for 18 years, 
accumulating 360,000 miles, and tractor-trailer combinations for 18 
years, accumulating 18,000 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.

Michael J. Weber

    Mr. Weber, 28, 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, ``It 
is my opinion that Mr. Weber has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Weber 
reported that he has driven straight trucks for 4 years, accumulating 
6,000 miles, tractor-trailer combinations for 4 years, accumulating 
6,000 miles, and buses for 4 years, accumulating 4,000 miles. He holds 
an operator's license from New Jersey. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

[[Page 72667]]

Mark B. Wilmer

    Mr. Wilmer, 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, ``With 
these test results and Mark's past driving record, I feel he is 
qualified to safely operate a commercial vehicle.'' Mr. Wilmer reported 
that he has driven straight trucks for 3 years, accumulating 900 miles, 
and tractor-trailer combinations for 20 years, accumulating 30,000 
miles. He holds a Class A CDL from Virginia. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Hezekiah Woodrup Sr.

    Mr. Woodrup, 62, has a retinal scar 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, 20/30. Following an examination in 2016, 
his optometrist stated, ``It is in my opinion, that the patient meets 
vision requirements for use of commercial vehicle and is able to 
perform the driving tasks required to operate the vehicle.'' Mr. 
Woodrup reported that he has driven straight trucks for 7 years, 
accumulating 210,000 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.

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-2016-0210 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-2016-0210 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: October 14, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25380 Filed 10-19-16; 8:45 am]
 BILLING CODE 4910-EX-P