81 FR 14190 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range		14190-14193
FR Document		2016-05903
FMCSA announces receipt of applications from 30 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.
Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14190-14193]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05903]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0350]


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 30 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 15, 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-2015-0350 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: 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 30 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 L. Bartels

    Mr. Bartels, 60, has had a retinal detachment in his left eye since 
2009. The visual acuity in his right eye is 20/30, and in his left eye, 
20/100. Following an examination in 2015, his optometrist stated, ``In 
my opinion, Gary Bartels has sufficient vision in his right eye and 
with both eyes but not with his left eye, and has sufficient field of 
vision in his right eye but not his left eye, to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Bartels reported 
that he has driven tractor-trailer combinations for 35 years, 
accumulating 2.45 million miles. He holds a Class AM CDL from Texas. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Christopher Benavidez

    Mr. Benavidez, 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 2015, his optometrist 
stated, ``In my medical opinion he has more than sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Benavidez reported that he has driven straight trucks for 25 years, 
accumulating 350,000 miles and tractor-trailer combinations for 15 
years, accumulating 150,000 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.

William H. Brence

    Mr. Brence, 47, 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 2015, his optometrist stated, ``It is 
my opinion that Mr. Brence has sufficient visual acuity, color vision, 
and field of vision to perform the driving tasks required to operate 
any vehicle safely, but specifically to operate a commercial vehicle 
safely.'' Mr. Brence reported that he has driven tractor-trailer 
combinations for 15 years, accumulating 1.95 million 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.

Dean B. Carrick

    Mr. Carrick, 72, has had ptisis bulbi in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, no light perception.

[[Page 14191]]

Following an examination in 2015, his optometrist stated, ``He has been 
monocular his entire adult life and has sufficient vision to perform 
driving tasks required for commercial vehicles.'' Mr. Carrick reported 
that he has driven straight trucks for 53 years, accumulating 132,500 
miles and tractor-trailer combinations for 45 years, accumulating 1.6 
million miles. He holds a Class CA CDL from Michigan. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Jaime V. Cavazos

    Mr. Cavazos, 43, has had a prosthetic left eye since 2008. 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, ``In my medical opinion, Mr. Jaime Valdez has sufficient vision 
to perform the driving tasks to operate a commercial vehicle.'' Mr. 
Cavazos reported that he has driven tractor-trailer combinations for 21 
years, accumulating 1.34 million miles. He holds a Class A CDL from 
Texas. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Jacob Dehoyos

    Mr. Dehoyos, 35, has had traumatic glaucoma in his right eye since 
1995. The visual acuity in his right eye is 20/50, and in his left eye, 
20/20. Following an examination in 2015, his optometrist stated, ``I 
certify that he has sufficient vision to perform driving tasks required 
to operate a commercial vehicle.'' Mr. Dehoyos reported that he has 
driven straight trucks for 5 years, accumulating 273,500 miles. He 
holds a Class D 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.

Larry D. Fulk

    Mr. Fulk, 46, has had a choroidal melanoma in his right eye since 
2012. The visual acuity in his right eye is 20/70, and in his left eye, 
20/15. Following an examination in 2015, his ophthalmologist stated, 
``In my medical opinion, Mr. Fulk certainly has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Fulk reported that he has driven straight trucks for 30 years, 
accumulating 30,000 miles and tractor-trailer combinations for 23 
years, accumulating 575,000 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.

Hugo A. Galvis Barrera

    Mr. Galvis Barrera, 40, has had amblyopia in his left eye since 
birth. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/60. Following an examination in 2015, his optometrist stated, 
``The above patient's driver's visual condition is not likely to 
interfere with the ability to safely operate a commercial motor vehicle 
and is likely to remain stable for the next two years.'' Mr. Galvis 
Barrera reported that he has driven tractor-trailer combinations for 4 
years, accumulating 384,000 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 exceeded the speed 
limit.

Harold J. Gilbert

    Mr. Gilbert, 46, has been blind due to trauma in his right eye 
since 1975. The visual acuity in his right eye is hand motion, and in 
his left eye, 20/20. Following an examination in 2015, his optometrist 
stated, ``I certify in my medical opinion in reference to ocular 
function, Harold Gilbert, has sufficient vision to perform driving 
tasks required to operate a commercial vehicle.'' Mr. Gilbert reported 
that he has driven straight trucks for 15 years, accumulating 300,000 
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.

Darrell K. Harber

    Mr. Harber, 46, has had a macular scar in his right eye due to a 
traumatic incident in 1986. The visual acuity in his right eye is hand 
motion, and in his left eye, 20/25. Following an examination in 2015, 
his optometrist stated, ``This certifies that, in my medical opinion, 
the above named individual has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Harber reported 
that he has driven straight trucks for 5 years, accumulating 325,000 
miles and tractor-trailer combinations for 5 years, accumulating 6,500. 
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.

Clair G. High

    Mr. High, 63, has been pseudophakic in his left eye since 1984. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/200. 
Following an examination in 2015, his optometrist stated, ``My medical 
opinion certifies that clair [sic] has sufficient vision to perfomr 
[sic] driving task [sic] required to operate a commercial vehicle 
[sic]'' Mr. High reported that he has driven straight trucks for 21 
years, accumulating 420,000 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.

Robert E. Holbrook

    Mr. Holbrook, 45, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/25, and in his left 
eye, 20/200. Following an examination in 2015, his optometrist stated, 
``In my professional medical opinion, Mr. Robert E. Holbrook has 
sufficient vision to safely perform the driving tasks necessary to 
operate a commercial vehicle.'' Mr. Holbrook reported that he has 
driven straight trucks for 1 year, accumulating 4,999 miles, and 
tractor-trailer combinations for 4 years, accumulating 80,000 miles. He 
holds a Class AM CDL from Tennessee. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Lowell E. Jackson

    Mr. Jackson, 66, has temporal hemianopia in his left eye due to a 
traumatic incident in 1986. The visual acuity in his right eye is 20/
20, and in his left eye, hand motion. Following an examination in 2015, 
his optometrist stated, ``I believe Lowell Jackson's safety record for 
the past 29 years since that accident should allow him to continue 
driving as a commercial driver.'' Mr. Jackson reported that he has 
driven straight trucks for 5 years, accumulating 250,000 miles, 
tractor-trailer combinations for 40 years, accumulating 4 million 
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.

Maurice L. Kinney

    Mr. Kinney, 52, has been blind due to trauma in his left eye since 
age five. The visual acuity in his right eye is 20/20, and in his left 
eye, counting fingers. Following an examination in 2015, his 
optometrist stated, ``Mr. Kinney entered with unaided visual acuity of 
20/20 in his right eye . . . having tested Mr. Kinney and interpreting 
the results, I find no reason to prohibit him from meeting the criteria 
to retain his commercial drivers [sic] license.'' Mr. Kinney reported 
that he has driven straight trucks for 11 years, accumulating 343,200 
miles. He holds a Class B CDL from New York. His driving

[[Page 14192]]

record for the last 3 years shows no crashes and two convictions for 
moving violations in a CMV; in one he disobeyed the traffic control 
device and in the other he made an improper turn.

Richard R. Krafczynski, Jr.

    Mr. Krafczynski, Jr., 53, 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 2015, his optometrist stated, 
``It is my opinion that he has sufficient vision to perform driving 
tasks required to operate a commercial vehicle.'' Mr. Krafczynski 
reported that he has driven straight trucks for 2 years, accumulating 
80,000 miles and buses for 32 years, accumulating 1.28 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 S. McHale

    Mr. McHale, 48, had a retinal detachment in his left eye during 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, light perception. Following an examination in 2015, his 
optometrist stated, ``px [sic] meets federal standards for peripheral 
vision as required by CDL.'' Mr. McHale reported that he has driven 
straight trucks for 20 years, accumulating 1.8 million miles. He holds 
a Class BM CDL from Pennsylvania. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Darin P. Milton

    Mr. Milton, 49, has had a prosthetic right eye due to a traumatic 
incident in 1990. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/15. Following an examination in 
2015, his optometrist stated, ``I have followed Mr. Milton for the past 
eleven years and feel his 20/20 visual acuity, large visual field, and 
accurate color vision render him capable of driving a commercial 
vehicle.'' Mr. Milton reported that he has driven straight trucks for 
11 years, accumulating 396,000 miles and tractor-trailer combinations 
for 17 years, accumulating 591,600 miles. He holds a Class A CDL 
license from Tennessee. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Myron Morehouse

    Mr. Morehouse, 51, 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 2015, his optometrist stated, 
``I believe he can see well enough to safely operate a commercial 
vehicle.'' Mr. Morehouse reported that he has driven straight trucks 
for 21 years, accumulating 210,000 miles and tractor-trailer 
combinations for 28 years, accumulating 140,000 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.

Dakota J. Papsun

    Mr. Papsun, 24, has had a prosthetic left eye since 2012. 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, 
``Monocular patients are able to operate commercial vehicles . . . 
Therefore, I do not feel that there are any other ocular-related 
reasons that would make it difficult to preform [sic] the necessary 
tasks.'' Mr. Papsun reported that he has driven straight trucks for 8 
years, accumulating 41,600 miles. He holds a Class C 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.

Raffaelo Petrillo

    Mr. Petrillo, 49, has refractive amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/30, and in his left 
eye, 20/200. Following an examination in 2015, his optometrist stated, 
``Mr. Petrillo's visual status is adequate to operate a commercial 
vehicle.'' Mr. Petrillo reported that he has driven straight trucks for 
30 years, accumulating 72,000 miles, and tractor-trailer combinations 
for 24 years, accumulating 240,000 miles. He holds a Class A CDL from 
New Jersey. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

William J. Powell

    Mr. Powell, 60, 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, William has adequate vision to perform the tasks required to 
safely operate a commercial vehicle.'' Mr. Powell reported that he has 
driven straight trucks for 33 years, accumulating 369,402 miles. He 
holds a Class DB CDL license from Kentucky. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Cory R. Rand

    Mr. Rand, 46, 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 2015, his optometrist stated, ``I, 
Doctor Koray Arin, certify that Mr Cory R [sic] Rand has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Rand reported that he has driven straight trucks for 16 
years, accumulating 480,000 miles. He holds a Class C CDL from New 
Hampshire. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Bobby W. Sanders

    Mr. Sanders, 55, has had corneal scarring in his right eye since 
2004. The visual acuity in his right eye is counting fingers, and in 
his left eye, 20/20. Following an examination in 2015, his 
ophthalmologist stated, ``In my medical opinion [sic] Bobby Sanders has 
sufficient vision to continue to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Sanders reported that he has driven 
straight trucks for 10 years, accumulating 5,000 miles. He holds a 
Class D operator's license from Tennessee. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Logan D. Shaffer

    Mr. Shaffer, 34, has had anisometropic 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 2015, his optometrist 
stated, ``In my medical opinion, patient has sufficient vision to 
perform driving tasks associated with driving a commercial vehicle.'' 
Mr. Shaffer reported that he has driven straight trucks for 11 years, 
accumulating 935,000 miles. He holds a Class D operator's license from 
South Carolina. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Laurence W. Sellers

    Mr. Sellers, 54, has had refractive amblyopia in his right eye 
since childhood. The visual acuity in his right eye is hand motion, and 
in his left eye, 20/20. Following an examination in 2015, his 
optometrist stated, ``He has stated to me that he has been driving 
commercial vehicles with no problems for the past 20 years. I see no 
reason that he should not be able to continue to do so as a result of 
his vision.'' Mr. Sellers reported that he has driven straight

[[Page 14193]]

trucks for 22 years, accumulating 200,200 miles. He holds a Class DM 
operator's license from Alabama. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Johnny T. Solorio

    Mr. Solorio, 47, is blind 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 2015, 
his optometrist stated, ``It is my professional opinion that Mr. 
Solorio has sufficient vision to perform the tasks required to operate 
a commercial vehicle.'' Mr. Solorio reported that he has driven 
straight trucks for 9 years, accumulating 900,000 miles and tractor-
trailer combinations for 9 years, accumulating 900,000 miles. He holds 
a Class AM1 CDL from California. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Richard R. Vonderohe

    Mr. Vonderohe, 52, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/40, and in his left 
eye, 20/150. Following an examination in 2015, his optometrist stated, 
``With correction, I believe Richard has sufficient has vision to 
operate a commercial vehicle.'' Mr. Vonderohe reported that he has 
driven straight trucks for 31 years, accumulating 496,000. 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.

William J. Watts

    Mr. Watts, 56, had a retinal detachment in his left in 1970. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/70. 
Following an examination in 2015, his optometrist stated, ``In my 
medical opinion, Mr. Watts has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Watts reported 
that he has driven straight trucks for 6 years, accumulating 60,000 
miles, tractor-trailer combinations for 37 years, accumulating 4.44 
million miles. He holds a Class A CDL from Montana. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Russell Zelich

    Mr. Zelich, 49, has a central retinal scar in his right eye due to 
a traumatic incident in 1980. The visual acuity in his right eye is 
count fingers, and in his left eye, 20/20. Following an examination in 
2015, his optometrist stated, ``Due to central retinal scarring his 
right eye is reduced to finger counting while the left eye uncorrected 
acuity is 20/25 correctable to 20/20 . . . He has had a commercial 
driving license for nearly 3 decades without a chargeable accident . . 
. In my opinion special allowances should me [sic] made in his case.'' 
Mr. Zelich reported that he has driven straight trucks for 24 years, 
accumulating 360,000 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.

Frederick A. Zoeller, Jr.

    Mr. Zoeller, 53, has had refractive 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 2015, his optometrist 
stated, ``He is visually capable of performing the tasks required to 
operate a commercial vehicle.'' Mr. Zoeller reported that he has driven 
straight trucks for 37 years, accumulating 231,250 miles. He holds a 
Class MC 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.

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-2015-0350 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, 
go to http://www.regulations.gov and insert the docket number FMCSA-
2015-0350 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: March 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05903 Filed 3-15-16; 8:45 am]
 BILLING CODE 4910-EX-P
14190 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices

Issued on: March 10, 2016. personal information provided. Please II. Qualifications of Applicants
Larry W. Minor, see the Privacy Act heading below for
Gary L. Bartels
Associate Administrator for Policy. further information.
Mr. Bartels, 60, has had a retinal
[FR Doc. 2016–05904 Filed 3–15–16; 8:45 am] Docket: For access to the docket to
detachment in his left eye since 2009.
BILLING CODE 4910–EX–P read background documents or
The visual acuity in his right eye is 20/
comments, go to http:// 30, and in his left eye, 20/100.
www.regulations.gov at any time or Following an examination in 2015, his
DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of optometrist stated, ‘‘In my opinion, Gary
the West Building, 1200 New Jersey Bartels has sufficient vision in his right
Federal Motor Carrier Safety
Avenue SE., Washington, DC, between 9 eye and with both eyes but not with his
Administration
a.m. and 5 p.m., Monday through left eye, and has sufficient field of
[Docket No. FMCSA–2015–0350] Friday, except Federal holidays. The vision in his right eye but not his left
FDMS is available 24 hours each day, eye, to perform the driving tasks
Qualification of Drivers; Exemption 365 days each year. If you want required to operate a commercial
Applications; Vision acknowledgment that we received your vehicle.’’ Mr. Bartels reported that he
AGENCY: Federal Motor Carrier Safety comments, please include a self- has driven tractor-trailer combinations
Administration (FMCSA), DOT. addressed, stamped envelope or for 35 years, accumulating 2.45 million
postcard or print the acknowledgement miles. He holds a Class AM CDL from
ACTION: Notice of applications for
page that appears after submitting Texas. His driving record for the last 3
exemptions; request for comments. comments on-line. years shows no crashes and no
SUMMARY: FMCSA announces receipt of Privacy Act: In accordance with 5 convictions for moving violations in a
applications from 30 individuals for U.S.C. 553(c), DOT solicits comments CMV.
exemption from the vision requirement from the public to better inform its Christopher Benavidez
in the Federal Motor Carrier Safety rulemaking process. DOT posts these
Regulations. They are unable to meet comments, without edit, including any Mr. Benavidez, 54, has had amblyopia
the vision requirement in one eye for personal information the commenter in his right eye since childhood. The
various reasons. The exemptions will provides, to www.regulations.gov, as visual acuity in his right eye is 20/100,
enable these individuals to operate described in the system of records and in his left eye, 20/20. Following an
commercial motor vehicles (CMVs) in notice (DOT/ALL–14 FDMS), which can examination in 2015, his optometrist
interstate commerce without meeting be reviewed at www.dot.gov/privacy. stated, ‘‘In my medical opinion he has
the prescribed vision requirement in more than sufficient vision to perform
FOR FURTHER INFORMATION CONTACT: the driving tasks required to operate a
one eye. If granted, the exemptions
would enable these individuals to Christine A. Hydock, Chief, Medical commercial vehicle.’’ Mr. Benavidez
qualify as drivers of commercial motor Programs Division, (202) 366–4001, reported that he has driven straight
vehicles (CMVs) in interstate commerce. fmcsamedical@dot.gov, FMCSA, trucks for 25 years, accumulating
Department of Transportation, 1200 350,000 miles and tractor-trailer
DATES: Comments must be received on
New Jersey Avenue SE., Room W64– combinations for 15 years, accumulating
or before April 15, 2016. All comments 113, Washington, DC 20590–0001.
will be investigated by FMCSA. The 150,000 miles. He holds a Class A CDL
Office hours are 8:30 a.m. to 5 p.m., e.t., from New Mexico. His driving record
exemptions will be issued the day after Monday through Friday, except Federal
the comment period closes. for the last 3 years shows no crashes and
holidays. If you have questions no convictions for moving violations in
ADDRESSES: You may submit comments regarding viewing or submitting a CMV.
bearing the Federal Docket Management material to the docket, contact Docket
System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826. William H. Brence
2015–0350 using any of the following Mr. Brence, 47, has had amblyopia in
methods: SUPPLEMENTARY INFORMATION:
his left eye since childhood. The visual
• Federal eRulemaking Portal: Go to I. Background acuity in his right eye is 20/20, and in
http://www.regulations.gov. Follow the his left eye, 20/50. Following an
on-line instructions for submitting Under 49 U.S.C. 31136(e) and 31315, examination in 2015, his optometrist
comments. FMCSA may grant an exemption from stated, ‘‘It is my opinion that Mr. Brence
• Mail: Docket Management Facility; the Federal Motor Carrier Safety has sufficient visual acuity, color vision,
U.S. Department of Transportation, 1200 Regulations for a 2-year period if it finds and field of vision to perform the
New Jersey Avenue SE., West Building ‘‘such exemption would likely achieve a driving tasks required to operate any
Ground Floor, Room W12–140, level of safety that is equivalent to or vehicle safely, but specifically to
Washington, DC 20590–0001. greater than the level that would be operate a commercial vehicle safely.’’
• Hand Delivery: West Building achieved absent such exemption.’’ Mr. Brence reported that he has driven
Ground Floor, Room W12–140, 1200 FMCSA can renew exemptions at the tractor-trailer combinations for 15 years,
New Jersey Avenue SE., Washington, end of each 2-year period. The 30 accumulating 1.95 million miles. He
DC, between 9 a.m. and 5 p.m., Monday individuals listed in this notice have holds a Class A CDL from South Dakota.
through Friday, except Federal each requested such an exemption from His driving record for the last 3 years
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Holidays. the vision requirement in 49 CFR shows no crashes and no convictions for
• Fax: 1–202–493–2251. 391.41(b)(10), which applies to drivers moving violations in a CMV.
Instructions: Each submission must of CMVs in interstate commerce.
include the Agency name and the Accordingly, the Agency will evaluate Dean B. Carrick
docket numbers for this notice. Note the qualifications of each applicant to Mr. Carrick, 72, has had ptisis bulbi
that all comments received will be determine whether granting an in his left eye since childhood. The
posted without change to http:// exemption will achieve the required visual acuity in his right eye is 20/20,
www.regulations.gov, including any level of safety mandated by statute. and in his left eye, no light perception.

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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices 14191

Following an examination in 2015, his Hugo A. Galvis Barrera perfomr [sic] driving task [sic] required
optometrist stated, ‘‘He has been Mr. Galvis Barrera, 40, has had to operate a commercial vehicle [sic]’’
monocular his entire adult life and has amblyopia in his left eye since birth. Mr. High reported that he has driven
sufficient vision to perform driving The visual acuity in his right eye is 20/ straight trucks for 21 years,
tasks required for commercial vehicles.’’ 20, and in his left eye, 20/60. Following accumulating 420,000 miles. He holds
Mr. Carrick reported that he has driven an examination in 2015, his optometrist an operator’s license from Pennsylvania.
straight trucks for 53 years, stated, ‘‘The above patient’s driver’s His driving record for the last 3 years
accumulating 132,500 miles and tractor- visual condition is not likely to interfere shows no crashes and no convictions for
trailer combinations for 45 years, with the ability to safely operate a moving violations in a CMV.
accumulating 1.6 million miles. He commercial motor vehicle and is likely Robert E. Holbrook
holds a Class CA CDL from Michigan. to remain stable for the next two years.’’
His driving record for the last 3 years Mr. Holbrook, 45, has had amblyopia
Mr. Galvis Barrera reported that he has
shows no crashes and no convictions for in his left eye since childhood. The
driven tractor-trailer combinations for 4
moving violations in a CMV. visual acuity in his right eye is 20/25,
years, accumulating 384,000 miles. He
and in his left eye, 20/200. Following an
Jaime V. Cavazos holds a Class A CDL from Georgia. His
examination in 2015, his optometrist
driving record for the last 3 years shows
Mr. Cavazos, 43, has had a prosthetic stated, ‘‘In my professional medical
no crashes and one conviction for a
left eye since 2008. The visual acuity in opinion, Mr. Robert E. Holbrook has
moving violation in a CMV; he exceeded
his right eye is 20/20, and in his left eye, sufficient vision to safely perform the
the speed limit.
no light perception. Following an driving tasks necessary to operate a
examination in 2015, his Harold J. Gilbert commercial vehicle.’’ Mr. Holbrook
ophthalmologist stated, ‘‘In my medical Mr. Gilbert, 46, has been blind due to reported that he has driven straight
opinion, Mr. Jaime Valdez has sufficient trauma in his right eye since 1975. The trucks for 1 year, accumulating 4,999
vision to perform the driving tasks to visual acuity in his right eye is hand miles, and tractor-trailer combinations
operate a commercial vehicle.’’ Mr. motion, and in his left eye, 20/20. for 4 years, accumulating 80,000 miles.
Cavazos reported that he has driven Following an examination in 2015, his He holds a Class AM CDL from
tractor-trailer combinations for 21 years, optometrist stated, ‘‘I certify in my Tennessee. His driving record for the
accumulating 1.34 million miles. He medical opinion in reference to ocular last 3 years shows no crashes and no
holds a Class A CDL from Texas. His function, Harold Gilbert, has sufficient convictions for moving violations in a
driving record for the last 3 years shows vision to perform driving tasks required CMV.
no crashes and no convictions for to operate a commercial vehicle.’’ Mr. Lowell E. Jackson
moving violations in a CMV. Gilbert reported that he has driven
straight trucks for 15 years, Mr. Jackson, 66, has temporal
Jacob Dehoyos hemianopia in his left eye due to a
accumulating 300,000 miles. He holds a
Mr. Dehoyos, 35, has had traumatic Class A CDL from Colorado. His driving traumatic incident in 1986. The visual
glaucoma in his right eye since 1995. record for the last 3 years shows no acuity in his right eye is 20/20, and in
The visual acuity in his right eye is 20/ crashes and no convictions for moving his left eye, hand motion. Following an
50, and in his left eye, 20/20. Following violations in a CMV. examination in 2015, his optometrist
an examination in 2015, his optometrist stated, ‘‘I believe Lowell Jackson’s safety
stated, ‘‘I certify that he has sufficient Darrell K. Harber record for the past 29 years since that
vision to perform driving tasks required Mr. Harber, 46, has had a macular scar accident should allow him to continue
to operate a commercial vehicle.’’ Mr. in his right eye due to a traumatic driving as a commercial driver.’’ Mr.
Dehoyos reported that he has driven incident in 1986. The visual acuity in Jackson reported that he has driven
straight trucks for 5 years, accumulating his right eye is hand motion, and in his straight trucks for 5 years, accumulating
273,500 miles. He holds a Class D left eye, 20/25. Following an 250,000 miles, tractor-trailer
operator’s license from New Mexico. His examination in 2015, his optometrist combinations for 40 years, accumulating
driving record for the last 3 years shows stated, ‘‘This certifies that, in my 4 million miles. He holds a Class A CDL
no crashes and no convictions for medical opinion, the above named from Missouri. His driving record for
moving violations in a CMV. individual has sufficient vision to the last 3 years shows no crashes and no
perform the driving tasks required to convictions for moving violations in a
Larry D. Fulk
operate a commercial vehicle.’’ Mr. CMV.
Mr. Fulk, 46, has had a choroidal Harber reported that he has driven
melanoma in his right eye since 2012. Maurice L. Kinney
straight trucks for 5 years, accumulating
The visual acuity in his right eye is 20/ 325,000 miles and tractor-trailer Mr. Kinney, 52, has been blind due to
70, and in his left eye, 20/15. Following combinations for 5 years, accumulating trauma in his left eye since age five. The
an examination in 2015, his 6,500. He holds a Class A CDL from visual acuity in his right eye is 20/20,
ophthalmologist stated, ‘‘In my medical Missouri. His driving record for the last and in his left eye, counting fingers.
opinion, Mr. Fulk certainly has 3 years shows no crashes and no Following an examination in 2015, his
sufficient vision to perform the driving convictions for moving violations in a optometrist stated, ‘‘Mr. Kinney entered
tasks required to operate a commercial CMV. with unaided visual acuity of 20/20 in
vehicle.’’ Mr. Fulk reported that he has his right eye . . . having tested Mr.
Clair G. High
mstockstill on DSK4VPTVN1PROD with NOTICES

driven straight trucks for 30 years, Kinney and interpreting the results, I
accumulating 30,000 miles and tractor- Mr. High, 63, has been pseudophakic find no reason to prohibit him from
trailer combinations for 23 years, in his left eye since 1984. The visual meeting the criteria to retain his
accumulating 575,000 miles. He holds a acuity in his right eye is 20/20, and in commercial drivers [sic] license.’’ Mr.
Class A CDL from Missouri. His driving his left eye, 20/200. Following an Kinney reported that he has driven
record for the last 3 years shows no examination in 2015, his optometrist straight trucks for 11 years,
crashes and no convictions for moving stated, ‘‘My medical opinion certifies accumulating 343,200 miles. He holds a
violations in a CMV. that clair [sic] has sufficient vision to Class B CDL from New York. His driving

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14192 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices

record for the last 3 years shows no Following an examination in 2015, his Cory R. Rand
crashes and two convictions for moving optometrist stated, ‘‘I believe he can see Mr. Rand, 46, has had amblyopia in
violations in a CMV; in one he well enough to safely operate a his left eye since childhood. The visual
disobeyed the traffic control device and commercial vehicle.’’ Mr. Morehouse acuity in his right eye is 20/20, and in
in the other he made an improper turn. reported that he has driven straight his left eye, 20/200. Following an
trucks for 21 years, accumulating examination in 2015, his optometrist
Richard R. Krafczynski, Jr.
210,000 miles and tractor-trailer stated, ‘‘I, Doctor Koray Arin, certify
Mr. Krafczynski, Jr., 53, has had combinations for 28 years, accumulating that Mr Cory R [sic] Rand has sufficient
amblyopia in his left eye since birth. 140,000 miles. He holds a Class A CDL vision to perform the driving tasks
The visual acuity in his right eye is 20/ from Minnesota. His driving record for required to operate a commercial
20, and in his left eye, 20/70. Following the last 3 years shows no crashes and no vehicle.’’ Mr. Rand reported that he has
an examination in 2015, his optometrist convictions for moving violations in a driven straight trucks for 16 years,
stated, ‘‘It is my opinion that he has CMV. accumulating 480,000 miles. He holds a
sufficient vision to perform driving Class C CDL from New Hampshire. His
tasks required to operate a commercial Dakota J. Papsun
driving record for the last 3 years shows
vehicle.’’ Mr. Krafczynski reported that Mr. Papsun, 24, has had a prosthetic
no crashes and no convictions for
he has driven straight trucks for 2 years, left eye since 2012. The visual acuity in
moving violations in a CMV.
accumulating 80,000 miles and buses his right eye is 20/20, and in his left eye,
for 32 years, accumulating 1.28 million no light perception. Following an Bobby W. Sanders
miles. He holds a Class AM CDL from examination in 2015, his optometrist Mr. Sanders, 55, has had corneal
Pennsylvania. His driving record for the stated, ‘‘Monocular patients are able to scarring in his right eye since 2004. The
last 3 years shows no crashes and no operate commercial vehicles . . . visual acuity in his right eye is counting
convictions for moving violations in a Therefore, I do not feel that there are fingers, and in his left eye, 20/20.
CMV. any other ocular-related reasons that Following an examination in 2015, his
would make it difficult to preform [sic] ophthalmologist stated, ‘‘In my medical
Michael S. McHale the necessary tasks.’’ Mr. Papsun opinion [sic] Bobby Sanders has
Mr. McHale, 48, had a retinal reported that he has driven straight sufficient vision to continue to perform
detachment in his left eye during trucks for 8 years, accumulating 41,600 the driving tasks required to operate a
childhood. The visual acuity in his right miles. He holds a Class C operator’s commercial vehicle.’’ Mr. Sanders
eye is 20/20, and in his left eye, light license from Pennsylvania. His driving reported that he has driven straight
perception. Following an examination record for the last 3 years shows no trucks for 10 years, accumulating 5,000
in 2015, his optometrist stated, ‘‘px [sic] crashes and no convictions for moving miles. He holds a Class D operator’s
meets federal standards for peripheral violations in a CMV. license from Tennessee. His driving
vision as required by CDL.’’ Mr. McHale record for the last 3 years shows no
Raffaelo Petrillo
reported that he has driven straight crashes and no convictions for moving
trucks for 20 years, accumulating 1.8 Mr. Petrillo, 49, has refractive violations in a CMV.
million miles. He holds a Class BM CDL amblyopia in his left eye since
from Pennsylvania. His driving record childhood. The visual acuity in his right Logan D. Shaffer
for the last 3 years shows no crashes and eye is 20/30, and in his left eye, 20/200. Mr. Shaffer, 34, has had
no convictions for moving violations in Following an examination in 2015, his anisometropic amblyopia in his left eye
a CMV. optometrist stated, ‘‘Mr. Petrillo’s visual since birth. The visual acuity in his
status is adequate to operate a right eye is 20/20, and in his left eye,
Darin P. Milton commercial vehicle.’’ Mr. Petrillo 20/200. Following an examination in
Mr. Milton, 49, has had a prosthetic reported that he has driven straight 2015, his optometrist stated, ‘‘In my
right eye due to a traumatic incident in trucks for 30 years, accumulating 72,000 medical opinion, patient has sufficient
1990. The visual acuity in his right eye miles, and tractor-trailer combinations vision to perform driving tasks
is no light perception, and in his left for 24 years, accumulating 240,000 associated with driving a commercial
eye, 20/15. Following an examination in miles. He holds a Class A CDL from vehicle.’’ Mr. Shaffer reported that he
2015, his optometrist stated, ‘‘I have New Jersey. His driving record for the has driven straight trucks for 11 years,
followed Mr. Milton for the past eleven last 3 years shows no crashes and no accumulating 935,000 miles. He holds a
years and feel his 20/20 visual acuity, convictions for moving violations in a Class D operator’s license from South
large visual field, and accurate color CMV. Carolina. His driving record for the last
vision render him capable of driving a 3 years shows no crashes and no
William J. Powell
commercial vehicle.’’ Mr. Milton convictions for moving violations in a
reported that he has driven straight Mr. Powell, 60, has had amblyopia in CMV.
trucks for 11 years, accumulating his right eye since childhood. The
visual acuity in his right eye is 20/100, Laurence W. Sellers
396,000 miles and tractor-trailer
combinations for 17 years, accumulating and in his left eye, 20/20. Following an Mr. Sellers, 54, has had refractive
591,600 miles. He holds a Class A CDL examination in 2015, his optometrist amblyopia in his right eye since
license from Tennessee. His driving stated, ‘‘In my opinion, William has childhood. The visual acuity in his right
record for the last 3 years shows no adequate vision to perform the tasks eye is hand motion, and in his left eye,
mstockstill on DSK4VPTVN1PROD with NOTICES

crashes and no convictions for moving required to safely operate a commercial 20/20. Following an examination in
violations in a CMV. vehicle.’’ Mr. Powell reported that he 2015, his optometrist stated, ‘‘He has
has driven straight trucks for 33 years, stated to me that he has been driving
Myron Morehouse accumulating 369,402 miles. He holds a commercial vehicles with no problems
Mr. Morehouse, 51, has had Class DB CDL license from Kentucky. for the past 20 years. I see no reason that
amblyopia in his left eye since His driving record for the last 3 years he should not be able to continue to do
childhood. The visual acuity in his right shows no crashes and no convictions for so as a result of his vision.’’ Mr. Sellers
eye is 20/20, and in his left eye, 20/200. moving violations in a CMV. reported that he has driven straight

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Document Created: 2016-03-15 23:43:50
Document Modified: 2016-03-15 23:43:50
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of applications for exemptions; request for comments.
Dates		Comments must be received on or before April 15, 2016. All comments will be investigated by FMCSA. The exemptions will be issued the day after the comment period closes.
Contact		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.
FR Citation		81 FR 14190
81 FR 14190 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 51 (March 16, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
