[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12678-12680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04257]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0214]


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 14 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 April 5, 2017. 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-2016-0214 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., 
e.t., 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., e.t., 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

[[Page 12679]]

achieved absent such exemption.'' FMCSA can renew exemptions at the end 
of each 2-year period. The 14 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

Tyler D. Baseman

    Mr. Baseman, 31, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/70. 
Following an examination in 2016, his optometrist stated, ``In my 
medical opinion Mr. Baseman has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Baseman 
reported that he has driven straight trucks for 3 years, accumulating 
90,000 miles, and tractor-trailer combinations for 3 years, 
accumulating 30,000 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 A. Ferrucci

    Mr. Ferrucci, 53, 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 conclusion, Mr. Ferrucci has the required, stable vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Ferrucci reported that he has driven straight trucks for 
7 years, accumulating 105,000 miles. He holds an operator's license 
from Florida. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Gary W. Fields

    Mr. Fields, 56, has a cataract 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, counting fingers. Following an examination in 2016, 
his optometrist stated, ``In my opinion he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Fields reported that he has driven straight trucks for 22 years, 
accumulating 1.1 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.

Michael D. Greene, Jr.

    Mr. Greene, 35, has poor vision in his right eye due to 
inflammation in childhood. The visual acuity in his right eye is hand 
motion, and in his left eye, 20/20. Following an examination in 2016, 
his ophthalmologist stated, ``It is my medical opinion that Mr. Green 
[sic] has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Greene reported that he has driven 
straight trucks for 18 years, accumulating 15,000 miles. He holds an 
operator's license from Vermont. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Cory W. Haupt

    Mr. Haupt, 47, has had a macular hole in his right eye due to a 
traumatic incident in childhood. 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, ``I certify, in my medical opinion, 
that Mr. Haupt is fully capable and visually competent to operate a 
commercial vehicle.'' Mr. Haupt reported that he has driven straight 
trucks for 26 years, accumulating 78,000 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.

Joseph E. Jones

    Mr. Jones, 30, has had a retinal detachment in his right eye due to 
Von Hippel Lindau disease 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, ``In my professional 
vision [sic], he has good enough vision for any kind of driver's 
license including a commercial driver's license.'' Mr. Jones reported 
that he has driven straight trucks for 1 year, accumulating 30,000 
miles, and tractor-trailer combinations for 3 years, accumulating 
240,000 miles. He holds a Class A CDL from Georgia. His driving record 
for the last 3 years shows no crashes and one conviction for a moving 
violation in a CMV; he failed to obey a stop sign.

Peter W. Lampasone

    Mr. Lampasone, 51, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2016, his ophthalmologist stated, ``In 
my opinion, this patient has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Lampasone 
reported that he has driven straight trucks for 20 years, accumulating 
1.2 million miles. He holds an operator's license from New York. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Edward H. Lampe

    Mr. Lampe, 52, 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 ophthalmologist 
stated, ``In my opinion he has stable and sufficient vision to perform 
the driving tasks needed to operate a commercial vehicle.'' Mr. Lampe 
reported that he has driven straight trucks for 19 years, accumulating 
190,000 miles. He holds an operator's license from Oregon. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Thomas L. Lange

    Mr. Lange, 66, has had amblyopia in his right eye since 2011. 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, ``I do 
certify that in my medical opinion, Mr. Lange has sufficient vision to 
perform the driving tasks required to safely operate a commercial motor 
vehicle (CMV).'' Mr. Lange reported that he has driven tractor-trailer 
combinations for 30 years, accumulating 525,000 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.

Ronald R. Matheson

    Mr. Matheson, 49, has a prosthetic right eye due to a traumatic 
incident in 2003. 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, ``US Dept [sic] of Transportation . . . 
Vision is better than 20/40 in the left eye and visual field meets 
requirements.'' Mr. Matheson reported that he has driven straight 
trucks for 20 years, accumulating 50,000 miles. He holds a Class B CDL 
from Wyoming. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

[[Page 12680]]

Jason C. Nicklow, Sr.

    Mr. Nicklow, 41, has complete loss of vision in his right eye due 
to a traumatic incident in 1992. 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 a commercial 
vehicle can be driven with one healthy eye with intact visual field 
than he should have sufficient vision to drive [sic].'' Mr. Nicklow 
reported that he has driven straight trucks for 11 years, accumulating 
22,000 miles, and tractor-trailer combinations for 10 years, 
accumulating 15,000 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.

Lawrence M. Taylor

    Mr. Taylor, 38, has had optic atrophy in his left eye since birth. 
The visual acuity in his right eye is 20/25, and in his left eye, light 
perception. Following an examination in 2016, his ophthalmologist 
stated, ``As medical professionals, we feel his vision is sufficient to 
operate a commercial vehicle.'' Mr. Taylor reported that he has driven 
straight trucks for 15 years, accumulating 195,000 miles. He holds an 
operator's license from Rhode Island. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Eric M. Turton

    Mr. Turton, 34, has had a prosthetic right eye due to micropthalmia 
since birth. 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, ``In my opinion Eric Turton has sufficient vision 
to perform his commercial driving tasks.'' Mr. Turton reported that he 
has driven straight trucks for 8 years, accumulating 520,000 miles. He 
holds an operator's license from New York. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Kendrick T. Williams

    Mr. Williams, 29, 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, 
``In my professional opinion Kendrick has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Williams reported that he has driven tractor-trailer combinations for 3 
years, accumulating 390,000 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.

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-2016-0214 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-2016-0214 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: February 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04257 Filed 3-3-17; 8:45 am]
 BILLING CODE 4910-EX-P