Qualification of Drivers; Exemption Applications; Vision

Larry W. Minor
Federal Motor Carrier Safety Administration
28 June 2016

[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Notices]
[Pages 42054-42057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15221]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0029]


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 23 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 July 28, 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-2016-0029 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

[[Page 42055]]

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: Christine A. Hydock, Chief, Medical 
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, 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 23 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

Patrick R. Beallis

    Mr. Beallis, 49, has had refractive 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 2015, his optometrist stated, 
``In my opinion, Mr. Beallis has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Beallis 
reported that he has driven straight trucks for 24 years, accumulating 
60,000 miles. He holds an operator's license from Illinois. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Gary A. Brown

    Mr. Brown, 70, has had central chorioretinitis 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, ``Pt. [sic] has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Brown reported that he 
has driven straight trucks for 53 years, accumulating 265,000 miles, 
and tractor-trailer combinations for 39 years, accumulating 195,000 
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.

Dudley G. Diebold

    Mr. Diebold, 75, has a prosthetic left eye due to a traumatic 
incident in 1981. 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, ``The patient has sufficient vision to 
perform a driving test required to operate a commercial vehicle.'' Mr. 
Diebold reported that he has driven straight trucks for 60 years, 
accumulating 600,000 miles. He holds a Class A CDL from Connecticut. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

David L. Evers

    Mr. Evers, 65, 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, ``In my 
opinion, David has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Evers reported that he 
has driven straight trucks for 18 years, accumulating 280,800 miles, 
and tractor-trailer combinations for 29 years, accumulating 3.2 million 
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.

John M. Harris

    Mr. Harris, 39, has had optic nerve hypoplasia in his left eye 
since birth. 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, ``His corrected vision in his OD renders him safe to drive a 
commercial vehicle.'' Mr. Harris reported that he has driven straight 
trucks for 15 years, accumulating 105,000 miles, and tractor-trailer 
combinations for 4 years, accumulating 100,000 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.

Raymond E. Hogue

    Mr. Hogue, 55, has had ocular histoplasmosis in his right eye since 
2006. 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, ``I believe that Raymond, in my medical opinion, would have 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Hogue reported that he has driven straight 
trucks for 8 years, accumulating 40,000 miles, and tractor-trailer 
combinations for 20 years, accumulating 1.3 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.

Michael E. Jones

    Mr. Jones, 53, has a prosthetic right eye due to a traumatic 
incident in 2010. 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, ``His color vision is not impaired and he 
should have no visual difficulties performing the driving tasks 
required to operate a commercial vehicle.'' Mr. Jones reported that he 
has driven straight trucks for 4 years, accumulating 80,000 miles, and 
tractor-trailer combinations for 17 years, accumulating 1.7 million 
miles. He holds a Class AM CDL from Illinois. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Robert L. Jones

    Mr. Jones, 61, has had glaucoma in his left eye since 2000. The 
visual acuity in his right eye is 20/20, and in his left eye, no light 
perception. Following an examination in 2015, his ophthalmologist 
stated, ``The patient has successfully driven a commercial vehicle for 
many years. In the absence

[[Page 42056]]

of any change in his visual function, I see no indication that he could 
not continue to do so.'' Mr. Jones reported that he has driven straight 
trucks for 14 years, accumulating 140,000 miles, and tractor-trailer 
combinations for 16 years, accumulating 960,000 miles. He holds a Class 
A CDL from Florida. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Richard A. Kolodziejczyk

    Mr. Kolodziejczyk, 48, has had refractive 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, ``I do certify that in my medical opinion, Richard 
does have sufficient vision to [sic], visual skills, and visual-motor 
skills to perform the driving tasks necessary to operate a commercial 
vehicle.'' Mr. Kolodziejczyk reported that he has driven straight 
trucks for 16 years, accumulating 748,800 miles. He holds an operator's 
license from Connecticut. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Dean A. Lardieri

    Mr. Lardieri, 58, has a macular scar in his right eye due to a 
traumatic incident in 1978. 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 opinion this patient has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Lardieri reported that he has driven straight 
trucks for 25 years, accumulating 437,500 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.

Darius R. Law

    Mr. Law, 31, has had complete loss of vision in his right eye since 
2011. 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 opinion, Darius Law has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Law reported that he has driven straight trucks for 3 
years, accumulating 12,000 miles, and tractor-trailer combinations for 
1 year, accumulating 250 miles. He holds a Class A CDL from Florida. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Robert C. Martin

    Mr. Martin, 59, has a prosthetic left eye due to a traumatic 
incident in 1976. The visual acuity in his right eye is 20/20, and in 
his left eye, no light perception. Following an examination in 2015, 
his optometrist stated, ``It is my medical opinion that Robert has 
sufficient vision to perform driving task [sic] required to operate a 
commercial vehicle.'' Mr. Martin reported that he has driven straight 
trucks for 34 years, accumulating 850,000 miles, and tractor-trailer 
combinations for 34 years, accumulating 850,000 miles. He holds a Class 
A CDL from Washington. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Mark. W. Mc Taggart

    Mr. Mc Taggart, 42, has had macular pigment epithelial detachment 
in his left eye since 2011. 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 professional opinion Mark has vision 
sufficient to operate a commercial vehicle with no improvement.'' Mr. 
Mc Taggart reported that he has driven straight trucks for 15 years, 
accumulating 150,000 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.

Hobie S. Morse

    Mr. Morse, 21, has complete loss of vision in his left eye due to a 
traumatic incident in 2004. 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 professional opinion that 
Mr. Morse has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Morse reported that he has 
driven straight trucks for 1.5 years, accumulating 45,000 miles, and 
tractor-trailer combinations for 1.5 years, accumulating 26,000 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.

Noel Munoz

    Mr. Munoz, 59, has had a macular scar in his right eye due to 
central serous retinopathy since 2008. 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, ``It is my medical opinion that Noel 
Munoz has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Munoz reported that he has driven 
straight trucks for 30 years, accumulating 660,000 miles, and tractor-
trailer combinations for 30 years, accumulating 360,000 miles. He holds 
a Class A CDL from New Mexico. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Frank C. Newberry

    Mr. Newberry, 57, has complete loss of vision in his right eye due 
to a traumatic incident in 2000. 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, ``He has had no changes in 
his vision which would interfere with his driving. He should have the 
same driving capability now as he has had over the past 16 years.'' Mr. 
Newberry reported that he has driven straight trucks for 36 years, 
accumulating 75,000 miles. He holds a Class A CDL from Idaho. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Peter J. O'Connell

    Mr. O'Connell, 40, has a macular hole in his right eye due to a 
traumatic incident in childhood. 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 given the longstanding 
nature of Peter's stable ocular injury and his ability to compensate 
for it for the past 30 years, he should possess sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. O'Connell reported that he has driven straight trucks for 9 years, 
accumulating 374,400 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.

James M. Paul

    Mr. Paul, 64, 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 ophthalmologist stated, 
``U.S. Department of Transportation Vision Program . . . In my opinion, 
Mr. Paul has sufficient vision to perform the driving tasks required as 
has been the case in the past.'' Mr. Paul reported that he has driven 
straight trucks for 41 years, accumulating 738,000 miles, and tractor-
trailer combinations for 41 years, accumulating 738,000 miles. He holds 
a Class AMV CDL from Alabama. His

[[Page 42057]]

driving record for the last 3 years shows one crash, to which he did 
not contribute and for which he was not cited, and no convictions for 
moving violations in a CMV.

Ivan Romero

    Mr. Romero, 28, has complete loss of vision in his right eye due to 
a traumatic incident in childhood. The visual acuity in his right eye 
is light perception, and in his left eye, 20/20. Following an 
examination in 2016, his optometrist stated, ``Based on results from 
the examination and driving history without incident it appears that 
Mr. Romero qualifies to meet criteria for an exemption from the vision 
standards in Federal Motor Carrier Safety Regulations.'' Mr. Romero 
reported that he has driven straight trucks for 4 years, accumulating 
160,000 miles, and tractor-trailer combinations for 4 years, 
accumulating 188,000 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.

Richard M. Rosales

    Mr. Rosales, 35, has aphakia 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, 20/20. Following an examination in 2016, his 
ophthalmologist stated, ``In my professional opinion he has sufficient 
vision to perform the required driving task [sic] to operate a 
commercial vehicle.'' Mr. Rosales reported that he has driven straight 
trucks for 6 years, accumulating 18,720 miles. He holds an operator's 
license from New Mexico. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Jeffrey L. Tanner

    Mr. Tanner, 44, 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 2015, his optometrist stated, ``In my 
opinion, Mr. Tanner can safely see to navigate a commercial vehicle.'' 
Mr. Tanner reported that he has driven straight trucks for 2 years, 
accumulating 2,000 miles, and tractor-trailer combinations for 1 year, 
accumulating 7,000 miles. He holds a Class A CDL from Wyoming. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Steve A. Taylor

    Mr. Taylor, 53, has aphakia in his right eye due to a traumatic 
incident in 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, ``Mr. Taylor has more than adequate vision to 
operate a commercial vehicle.'' Mr. Taylor reported that he has driven 
tractor-trailer combinations for 28 years, accumulating 23,400 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.

Donald P. Winters

    Mr. Winters, 63, has had refractive amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/30, and in his left 
eye, 20/50. Following an examination in 2015, his optometrist stated, 
``Based on all of the above information regarding Mr. Winters [sic] 
ocular status, it is my opinion that Mr. Winters does possess 
sufficient vision to operate a commercial vehicle safely and would be 
visually capable of performing any necessary driving tasks required.'' 
Mr. Winters reported that he has driven tractor-trailer combinations 
for 31 years, accumulating 3.88 million miles. He holds a Class A CDL 
from Virginia. His driving record for the last 3 years shows one crash, 
for which he was not at fault 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-2016-0029 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-2016-0029 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: June 17, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-15221 Filed 6-27-16; 8:45 am]
 BILLING CODE 4910-EX-P