[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Notices]
[Pages 13045-13048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04525]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0377]


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 17 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 7, 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-2016-0377 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

[[Page 13046]]

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 achieved 
absent such exemption.'' FMCSA can renew exemptions at the end of each 
2-year period. The 17 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

Chad C. Burnett

    Mr. Burnett, 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/
50. Following an examination in 2016, his optometrist stated, ``After 
careful assessment of patient Chad Burnett for a complete eye vision 
and health exam on 5-3-2016, I feel Chad would be visually qualified to 
obtain his CMV license for driving.'' Mr. Burnett reported that he has 
driven straight trucks for 12 years, accumulating 720,000 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.

Lesco R. Chubb

    Mr. Chubb, 68, has had a central retinal vein occlusion in his left 
eye since 2006. The visual acuity in his right eye is 20/20, and in his 
left eye, hand motion. Following an examination in 2016, his 
optometrist stated that Mr. Chubb does have sufficient vision to 
perform the driving tasks required to operate a CMV. Mr. Chubb reported 
that he has driven tractor-trailer combinations for 28 years, 
accumulating 3.5 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.

Stephen M. Currie

    Mr. Currie, 60, has a prosthetic right eye due to a traumatic 
incident in 1989. 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. Currie has operated a commercial 
vehicle with his prosthetic right eye for years. Nothing has changed in 
his vision or peripheral vision to indicate that he cannot continue to 
operate in the same capacity he has been operating for the past several 
years.'' Mr. Currie reported that he has driven straight trucks for 26 
years, accumulating 1.09 million miles. He holds a Class B CDL from 
Texas. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Thomas C. Fitzpatrick

    Mr. Fitzpatrick, 72, has had amblyopia in his right eye since 
birth. The visual acuity in his right eye is 20/50, and in his left 
eye, 20/25. Following an examination in 2016, his optometrist stated, 
``Mr. Fitzpatrick is able to recognize colors and has no visual 
deficiencies that would be any hazard to commercial driving.'' Mr. 
Fitzpatrick reported that he has driven straight trucks for 41 years, 
accumulating 143,500 miles, and tractor-trailer combinations for 46 
years, accumulating 253,000 miles. He holds a Class A CDL from Maine. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Robert D. Hattabaugh

    Mr. Hattabaugh, 53, has complete loss of vision in his right eye 
due to a traumatic incident in 2006. 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 that Mr. Hattabaugh 
does have sufficient vision to perform the driving tasks required to 
operate a CMV. Mr. Hattabaugh reported that he has driven straight 
trucks for 30 years, accumulating 90,000 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.

Wade R. Higgins

    Mr. Higgins, 62, has complete loss of vision 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, no light perception. Following an 
examination in 2016, his ophthalmologist stated, ``Patient has 
sufficient vision to perform driving tasks of commercial vehicle 
[sic].'' Mr. Higgins reported that he has driven straight trucks for 5 
years, accumulating 500,000 miles. He holds an operator's license from 
North Carolina. His driving record for the last 3 years shows one crash 
and no convictions for moving violations in a CMV.

Daniel L. Holman

    Mr. Holman, 46, has complete loss of vision in his right eye due to 
a traumatic incident in 1997. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/15. Following an examination 
in 2016, his ophthalmologist stated, ``In my medical opinion Mr. Holman 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Holman reported that he has driven straight 
trucks for 9 years, accumulating 180,000 miles. He holds a Class B CDL 
from Utah. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Don N. Hood

    Mr. Hood, 64, has had a corneal scar in his right eye since 1997. 
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 [sic] hood has more than adequate VA [sic] to 
operate [sic] commercial vehicle.'' Mr. Hood reported that he has 
driven straight trucks for 27 years,

[[Page 13047]]

accumulating 280,800 miles, tractor-trailer combinations for 20 years, 
accumulating 100,000 miles, and buses for 1 year, accumulating 60 
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.

James S. Hummel

    Mr. Hummel, 66, has phthisis bulbi 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, ``In summary, he has 20/20 
uncorrected and corrected vision in his left eye and no vision in the 
right eye, a well-preserved visual field, and normal color testing that 
qualifies him to drive a commercial vehicle.'' Mr. Hummel reported that 
he has driven straight trucks for 41 years, accumulating 410,000 miles, 
and tractor-trailer combinations for 3 years, accumulating 6,000 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 R. Martin

    Mr. Martin, 63, has a cataract in his right eye since birth. The 
visual acuity in his right eye is count fingers, and in his left eye, 
20/20. Following an examination in 2016, his ophthalmologist stated, 
``Mr. Martin has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Martin reported that he 
has driven tractor-trailer combinations for 3 years, accumulating 
279,000 miles. He holds a Class AM CDL from Virginia. His driving 
record for the last 3 years shows one crash and no convictions for 
moving violations in a CMV.

James C. Montgomery

    Mr. Montgomery, 51, has a retinal scar in his right eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/150, and in his left eye, 20/15. Following an examination in 2016, 
his optometrist stated, ``From a visual standpoint, my medical opinion 
is that that [sic] he has the ability to sufficiently perform the 
driving tasks required to operate a commercial vehicle.'' Mr. 
Montgomery reported that he has driven straight trucks for 8 years, 
accumulating 5,600 miles, and tractor-trailer combinations for 2 years, 
accumulating 16,800. 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.

Huber N. Pena Ortega

    Mr. Pena Ortega, 32, has had amblyopia in his right eye since 
birth. 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 medical opinion that Huber Ortega has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Pena Ortega reported that he has driven straight trucks for 10 
years, accumulating 200,000 miles, and tractor-trailer combinations for 
5 years, accumulating 110,000 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.

Garry W. Perkins

    Mr. Perkins, 58, 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 2017, his optometrist stated, ``It is in my 
professional opinion that due to the non-progressive congenital 
condition of refractive amblyopia in Mr. Perkins left eye and overall 
visual field status and corrected vision OD that there are no visual 
concerns for Mr. Perkins to operate a commercial vehicle.'' Mr. Perkins 
reported that he has driven straight trucks for 30 years, accumulating 
300,000 miles. He holds an operator's license from New Hampshire. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Charles M. Reese

    Mr. Reese, 31, has had amblyopia in his right eye since birth. 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 do 
believe that Mr. Reese has sufficient vision to drive and operate a 
commercial vehicle.'' Mr. Reese reported that he has driven straight 
trucks for 5 years, accumulating 100,000 miles, and tractor-trailer 
combinations for 6 years, accumulating 150,000 miles. He holds a Class 
A CDL from Utah. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Wilbur Robinson, Jr.

    Mr. Robinson, 60, has complete loss of vision in his right eye due 
to a traumatic incident in 1975. 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, ``Patient has sufficient 
vision to drive commercial truck.'' Mr. Robinson reported that he has 
driven straight trucks for 10 years, accumulating 180,000 miles. He 
holds a Class B CDL from New Jersey. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Thomas R. Test

    Mr. Test, 38, has had complete loss of vision in his right eye due 
to a traumatic incident 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, ``In my medical opinion, 
Mr. Thomas R. Test has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Test reported that he 
has driven straight trucks for 17 years, accumulating 2.6 million 
miles. He holds a Class AM CDL from Virginia. His driving record for 
the last 3 years shows no crashes and one conviction for speeding in a 
CMV; he exceeded the speed limit by 10 MPH.

Steven L. Tiefenthaler

    Mr. Tiefenthaler, 56, has a toxoplasmosis scar 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 
ophthalmologist stated, ``I certify that, in my medical opinion, this 
patient has sufficient vision to operate a commercial motor vehicle.'' 
Mr. Tiefenthaler reported that he has driven straight trucks for 10 
years, accumulating 80,000 miles, tractor-trailer combinations for 25 
years, accumulating 3.25 million miles, and buses for 2 years, 
accumulating 1,600 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.

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

[[Page 13048]]

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-2016-0377 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-2016-0377 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 28, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04525 Filed 3-7-17; 8:45 am]
BILLING CODE 4910-EX-P