81_FR_39436 81 FR 39320 - Qualification of Drivers; Exemption Applications; Vision

81 FR 39320 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 116 (June 16, 2016)

Page Range39320-39324
FR Document2016-14242

FMCSA announces receipt of applications from 37 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 116 (Thursday, June 16, 2016)
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Notices]
[Pages 39320-39324]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14242]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0028]


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 37 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 18, 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-2016-0028 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 37 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

Dennis J. Ameling

    Mr. Ameling, 54, has had a dense corneal scar in his right eye 
since childhood. The visual acuity in his right eye is no light 
perception, and his left eye, 20/20. Following an examination in 2015, 
his optometrist stated, ``My opinion is that his vision is more than 
capable to drive a commercial vehicle out of state.'' Mr. Ameling 
reported that he has driven straight trucks for 18 years, accumulating 
1.44 million miles and tractor-trailer combinations for 21 years, 
accumulating 2.1 million miles. He holds a Class A CDL from Iowa. 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 by 10 
miles per hour (mph).

Daniel A. Bahm

    Mr. Bahm, 50, has had amblyopia in his right eye since childhood. 
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, ``According to our exam and his previous visual field test Mr. 
Bahm has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Bahm reported that he has driven 
straight trucks for 33 years, accumulating 16,500 miles and tractor-
trailer combinations for 14 years, accumulating 2.1 million 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.

John P. Brooks

    Mr. Brooks, 48, 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 ophthalmologist stated, ``In my opinion, he 
does have the vision required to operate a commercial vehicle.'' Mr. 
Brooks reported that he has driven straight trucks for 6 years, 
accumulating 240,000 miles and tractor-trailer combinations for 18 
years, accumulating 144,000 miles. He holds a Class A CDL from 
Illinois. His driving record for the last 3 years shows no crashes but 
two convictions in a CMV. In the first incidence, he exceeded the speed 
limit by 12 mph and in the second incidence; according to the citation, 
he ``disregarded an official traffic control device.''

[[Page 39321]]

Joshua L. Cecotti

    Mr. Cecotti, 33, has had vision loss in his right eye since birth. 
The visual acuity in his right eye is 20/150, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``It is 
also the opinion of both Dr. Raymond A. Powell and me [sic] that he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Cecotti reported that he has driven straight 
trucks for 15 years, accumulating 360,000 miles, and tractor-trailer 
combinations for 15 years, accumulating 285,000 miles. He holds an 
operator's license from Washington. His driving record for the last 3 
years shows no crashes and no convictions for moving violation in a 
CMV.

Derrick L. Cowan

    Mr. Cowan, 38, has a prosthetic left eye due to a traumatic 
incident in 1999. 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, ``Based on my findings I believe Mr. Cowan 
should have no visual problem operating a commercial vehicle.'' Mr. 
Cowan reported that he has driven straight trucks for 9 years, 
accumulating 176,400 miles. He holds a Class A CDL from North Carolina. 
His driving record for the last 3 years show no crashes and no 
convictions for moving violations in a CMV.

Ryan E. Cox

    Mr. Cox, 40, has had amblyopia in his left eye since childhood. The 
visual acuity in his right eye is 20/20, and in his left eye, counting 
fingers. Following an examination in 2016, his optometrist stated 
``Ryan has a good driving record, so in my opinion, he has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Cox reported that he has driven straight trucks for 20 
years, accumulating 100,000 miles and tractor-trailer combinations for 
20 years, accumulating 100,000 miles. He holds an operator's license 
from Wisconsin. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Ronald A. Donsbach

    Mr. Donsbach, 52, has had a cataract 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 2015, his optometrist stated, ``It is 
in my opinion that Ronald has sufficient vision to perform the driving 
tasks required for him to operate his commercial vehicle.'' Mr. 
Donsbach reported that he has driven straight trucks for 4 years, 
accumulating 152,000 miles. He holds an operator's license from 
Montana. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Kenneth W. Erickson

    Mr. Erickson, 78, 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/
400. Following an examination in 2016, his optometrist stated, 
``Kenneth definitely has sufficient vision to operate a commercial 
vehicle.'' Mr. Erickson reported that he has driven straight trucks for 
62 years, accumulating 930,000 miles, tractor-trailer combinations for 
34 years, accumulating 1.97 million miles, and buses for 8 years, 
accumulating 800,000 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.

Anthony A. Gusa

    Mr. Gusa, 59, has a corneal scar in his left eye due to a traumatic 
incident in 1969. 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, Anthony has fine binocular vision and is 
totally capable of operating a commercial vehicle.'' Mr. Gusa reported 
that he has driven straight trucks for 9 years, accumulating 90,000 
miles and tractor-trailer combinations for 13 years, accumulating 
585,000 miles. He holds a Class A CDL from Michigan. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Pedro Guzman

    Mr. Guzman, 39, 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/
150. Following an examination in 2016, his optometrist stated, ``In my 
opinion, Pedro has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Guzman reported that he 
has driven straight trucks for 8 years, accumulating 30,720 miles. He 
holds an operator's license from Texas. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Bradley C. Helsel

    Mr. Helsel, 59, has had phthisis 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. Following an examination in 2016, his 
ophthalmologist stated, ``In my medical opinion, the patient has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Helsel reported that he has driven straight 
trucks for 15 years, accumulating 450,000 miles, and tractor-trailer 
combinations for 12 years, accumulating 840,000 miles. He holds a Class 
A CDL from Oregon. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Titus E. Hostetler

    Mr. Hostetler, 47, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/150, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``In My 
Medical Opinion [sic], Mr. Hostetler has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Hostetler reported that he has driven straight trucks for 29 years, 
accumulating 290,000 miles, and tractor-trailer combinations for 29 
years, accumulating 290,000 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.

Darrell E. Hunter

    Mr. Hunter, 50, has a retinal detachment in his left eye due to a 
traumatic incident in 1998. The visual acuity in his right eye is 20/
20, and in his left eye, 20/100. Following an examination in 2016, his 
ophthalmologist stated, ``I do believe that he has vision sufficient to 
operate a commercial vehicle.'' Mr. Hunter reported that he has driven 
tractor-trailer combinations for 15 years, accumulating 900,000 miles. 
He holds a Class A CDL from North Carolina. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Charles R. Johnson

    Mr. Johnson, 54, has had central serous chorioretinopathy in his 
left eye since 1991. The visual acuity in his right eye is 20/20, and 
in his left eye 20/200. Following an examination in 2016, his 
ophthalmologist stated, ``In my opinion, this patient continues to have 
sufficient vision to perform his job, which requires operating a 
commercial vehicle.'' Mr. Johnson reported that he has driven straight 
trucks for 27 years, accumulating 54,000 miles, and tractor-trailer 
combinations for 27 years, accumulating 54,000 miles. He holds a Class 
A CDL from Minnesota. His

[[Page 39322]]

driving record the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Kenneth B. Julian

    Mr. Julian, 55, has had a prosthetic left eye since 2013. 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, 
``In my medical opinion Kenneth Julian has sufficient vision to operate 
a commercial vehicle.'' Mr. Julian reported that he has driven tractor-
trailer combinations for 18 years, accumulating 1.03 million miles. He 
holds an operator's license from Oklahoma. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Walter J. Jurczak

    Mr. Jurczak, 50, has had a prosthetic 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 2016, his optometrist stated, 
``The level of vision he is achieving in his right eye is satisfactory 
to safely operate a commercial vehicle.'' Mr. Jurczak reported that he 
has driven straight trucks for 28 years, accumulating 140,000 miles, 
tractor-trailer combinations for 28 years, accumulating 56,000 miles, 
and buses for 28 years, accumulating 28,000 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.

Keith Kebschull

    Mr. Kebschull, 51, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/30, and in his left 
eye, hand motion. Following an examination in 2015, his ophthalmologist 
stated, ``With these findings and his excellent 27 year commercial 
driving record in my medical opinion Mr. Kebschull has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Kebschull reported that he has driven straight trucks 
for 27 years, accumulating 444,150 miles. He holds a Class B CDL from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Jeffrey N. Lake

    Mr. Lake, 54, has complete loss of vision in his right eye due to a 
traumatic incident in 1974. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2015, his ophthalmologist stated, ``He is completely capable of 
driving commercially with his good eye which is 20/20 uncorrected.'' 
Mr. Lake reported that he has driven straight trucks for 36 years, 
accumulating 1.08 million miles, and tractor-trailer combinations for 
36 years, accumulating 3.6 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.

Jayme M. Leonard

    Mr. Leonard, 54, has a retinal detachment in his right eye due to a 
traumatic incident in 1976. The visual acuity in his right eye is 20/
80, and in his left eye, 20/20. Following an examination in 2016, his 
optometrist stated, ``Since Jayme has been living with this vision 
damage for over 40 years and everything is stable, it is my opinion 
that he should continue to have a CDL driving [sic] license and is safe 
to be driving a commercial vehicle.'' Mr. Leonard reported that he has 
driven straight trucks for 3 years, accumulating 37,440 miles. He holds 
a Class B CDL from Vermont. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Christopher E. Madsen

    Mr. Madsen, 35, 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, no light perception. Following an examination in 2016, his 
optometrist stated, ``Due to the congenital nature of Chris's visual 
problems, he has learned to perform all activities of daily life and 
work with just the use of his right eye. He performs as well with his 
one eye as most of us do with two. If anything, it is his color vision 
deficiency which presents the greatest obstacle and I cannot change 
that. I feel this should be the only thing taken into consideration 
with whether [sic] or not he is issued a commercial driver's license.'' 
Mr. Madsen reported that he has driven tractor-trailer combinations for 
11 years accumulating 999,999 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.

James K. Matthey

    Mr. Matthey, 59, has had ptosis in his right eye since 1991. 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, 
``It is my opinion that given, James longstanding nature of the ptosis 
of his right eyelid and his ability to compensate for this loss over 
the past 25 years, he possesses sufficient visual ability to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Matthey reported that he has driven straight trucks for 36 years, 
accumulating 720,000 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.

Brian D. McClanahan

    Mr. McClanahan, 45, has had strabismic amblyopia in his right eye 
since 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, ``Patient has sufficient vision to perform driving tasks 
required to operate commercial vehicle.'' Mr. McClanahan reported that 
he has driven straight trucks for 18 years, accumulating 216,000 miles, 
and tractor-trailer combinations for 18 years, accumulating 129,600 
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.

Mark Mitchell

    Mr. Mitchell, 54, has had macular telangiectasia in his left eye 
since 2006. 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, ``In my opinion Mr. Mitchell has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Mitchell reported that he has driven straight trucks for 15 years, 
accumulating 450,000 miles. He holds a chauffer's license from 
Michigan. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Joel E. Nundahl

    Mr. Nundahl, 62, has had 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, 
``In my medical opinion Mr. Joel Nundahl is safe to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Nundahl reported 
that he has driven tractor-trailer combinations for 39 years, 
accumulating 4.29 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.

[[Page 39323]]

Kent A. Perry

    Mr. Perry, 56, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/40, and in his left eye, hand 
motion. Following an examination in 2015, his optometrist stated, ``I 
believe that Mr. Perry now has sufficient vision following his cataract 
surgery to operate a commercial vehicle.'' Mr. Perry reported that he 
has driven straight trucks for 31 years, accumulating 310,000 miles. He 
holds an operator's license from Wyoming. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Richard C. Powers

    Mr. Powers, 36, 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/
80. Following an examination in 2015, his optometrist stated, ``From a 
visual standpoint, he is sufficient to operate a commercial vehicle.'' 
Mr. Powers reported that he has driven straight trucks for 2 years, 
accumulating 160,000 miles, and tractor-trailer combinations for 8 
years, accumulating 800,000 miles. He holds a Class A CDL from Texas. 
His driving record for the last 3 years shows no crashes and one 
conviction for a moving violation in a CMV; he was speeding 11-15 mph 
over the speed limit.

Mario A. Quezada

    Mr. Quezada, 60, 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 2015, his optometrist stated, ``I 
certify that Mr. Quezada has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Quezada reported 
that he has driven tractor-trailer combinations for 27 years, 
accumulating 1.89 million miles. He holds a Class A CDL from Texas. His 
driving record for the last 3 years shows no crashes and one conviction 
for a moving violation in a CMV; he made an improper left turn from the 
wrong lane at an intersection.

Guadalupe Reyes

    Mr. Reyes, 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/
80. Following an examination in 2015, his ophthalmologist stated, ``Mr. 
Reyes has demonstrated his ability to differentiate colors as seen on 
traffic signals, and it is of my opinion that Mr. Reyes has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Reyes reported that he has driven straight trucks for 23 
years, accumulating 1.5 million 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.

J.B. Rodriguez Mata

    Mr. Rodriguez Mata, 52, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/400. Following an examination in 2016, his optometrist stated, 
``In my medical opinion, patient J. Bernardo Rodriguez . . . has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Rodriguez Mata reported that he has driven 
straight trucks for 15 years, accumulating 2.4 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.

Joseph Sais

    Mr. Sais, 38, 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, 20/400. Following an examination in 2015, his optometrist stated, 
``I examined Mr. Joseph Saiz (DOB: 05/03/1977) on 11/11/2015 and found 
his visual finding in the right eye to meet or surpass the criteria to 
drive a commercial motor vehicle.'' Mr. Sais reported that he has 
driven straight trucks for 7 years, accumulating 3,500 miles, and 
tractor-trailer combinations for 7 years, accumulating 3,500 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.

John M. Sexton

    Mr. Sexton, 50, 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, hand motion. Following an examination in 2015, his optometrist 
stated, ``Although OS has decreased acuity from a lifelong [sic] 
condition of refractive amblyopia, I feel that John has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle as he has fully adapted to the condition.'' Mr. Sexton reported 
that he has driven straight trucks for 5 years accumulating 25,000 
miles, and tractor-trailer combinations for 31 years, accumulating 3.2 
million miles. He holds a Class CA CDL from California. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Blaine R. Sherfinski

    Mr. Sherfinski, 60, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/600, and in his 
left eye, 20/20. Following an examination in 2015, his optometrist 
stated, ``It is my opinion that Mr. Sherfinski has sufficient vision to 
perform the driving tasks required for operating a commercial 
vehicle.'' Mr. Sherfinski reported that he has driven buses for 3 
years, accumulating 45,000 miles. He holds a Class B CDL from 
Washington. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Chad M. Smith

    Mr. Smith, 34, 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 2015, his optometrist stated, ``In my 
medical opinion . . . Chad has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Smith reported 
that he has driven straight trucks for 7 years, accumulating 24,500 
miles, and tractor-trailer combinations for 2 years, accumulating 3,000 
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.

Corey L. Spring

    Mr. Spring, 43, has a macular scar in his left eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/20, and in his left eye, counting fingers. Following an examination 
in 2016, his optometrist stated, ``Mr. Corey Spring . . . has good 
enough vision to operate a commercial vehicle & [sic] meets the VF's 
criteria of at least 120 * [sic] in each eye.'' Mr. Spring reported 
that he has driven tractor-trailer combinations for 21 years, 
accumulating 3.15 million 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.

Leslie D. Wallace

    Mr. Wallace, 50, has a retinal detachment in his right eye due to a 
traumatic incident in 2006. 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 doesn't have any problem with his color vision 
and he doesn't have any physical limitations or medical conditions . . 
. I see no reason to believe the he would have problem with commercial 
vehicles.'' Mr. Wallace

[[Page 39324]]

reported that he has driven straight trucks for 30 years, accumulating 
600,000 miles, and tractor-trailer combinations for 30 years, 
accumulating 600,000 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.

James C. Wechsler

    Mr. Wechsler, 45, has had refractive amblyopia in his right eye 
since childhood. The visual acuity in his right eye is 20/60, and in 
his left eye, 20/15. Following an examination in 2015, his optometrist 
stated, ``It is my opinion that James's [sic] vision and visual 
deficiency is stable and he has more than sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Wechsler reported that he has driven straight trucks for 26 years, 
accumulating 390,000 miles, and tractor-trailer combinations for 26 
years, accumulating 2.21 million miles. He holds a Class A CDL from 
Oregon. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Danny A. Wright

    Danny A. Wright, 39, has optic nerve damage in his left eye due to 
a traumatic incident in childhood. The visual acuity in his right eye 
is 20/20, and in his left eye, 20/70. Following an examination in 2016, 
his optometrist stated, ``In summation, it is my professional opinion 
that Danny should have sufficient vision to perform the driving tasks 
required to operate his commercial vehicle.'' Mr. Wright reported that 
he has driven straight trucks for 17 years, accumulating 20,800 miles. 
He holds a chauffeur's license from Indiana. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

III. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice, indicate the specific section of this document to which each 
comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online or by 
fax, mail, or hand delivery, but please use only one of these means. 
FMCSA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so the 
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
put the docket number FMCSA-2016-0028 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-2016-0028 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 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-14242 Filed 6-15-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                    39320                         Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices

                                                      Issued on: June 10, 2016.                             personal information provided. Please                  II. Qualifications of Applicants
                                                    Larry W. Minor,                                         see the Privacy Act heading below for
                                                                                                            further information.                                   Dennis J. Ameling
                                                    Associate Administrator for Policy.
                                                    [FR Doc. 2016–14240 Filed 6–15–16; 8:45 am]               Docket: For access to the docket to                    Mr. Ameling, 54, has had a dense
                                                    BILLING CODE 4910–EX–P                                  read background documents or                           corneal scar in his right eye since
                                                                                                            comments, go to http://                                childhood. The visual acuity in his right
                                                                                                            www.regulations.gov at any time or                     eye is no light perception, and his left
                                                    DEPARTMENT OF TRANSPORTATION                            Room W12–140 on the ground level of                    eye, 20/20. Following an examination in
                                                                                                            the West Building, 1200 New Jersey                     2015, his optometrist stated, ‘‘My
                                                    Federal Motor Carrier Safety                                                                                   opinion is that his vision is more than
                                                                                                            Avenue SE., Washington, DC, between 9
                                                    Administration                                                                                                 capable to drive a commercial vehicle
                                                                                                            a.m. and 5 p.m., Monday through
                                                    [Docket No. FMCSA–2016–0028]                            Friday, except Federal holidays. The                   out of state.’’ Mr. Ameling reported that
                                                                                                            FDMS is available 24 hours each day,                   he has driven straight trucks for 18
                                                    Qualification of Drivers; Exemption                     365 days each year. If you want                        years, accumulating 1.44 million miles
                                                    Applications; Vision                                    acknowledgment that we received your                   and tractor-trailer combinations for 21
                                                                                                            comments, please include a self-                       years, accumulating 2.1 million miles.
                                                    AGENCY: Federal Motor Carrier Safety
                                                    Administration (FMCSA), DOT.                            addressed, stamped envelope or                         He holds a Class A CDL from Iowa. His
                                                                                                            postcard or print the acknowledgement                  driving record for the last 3 years shows
                                                    ACTION: Notice of applications for
                                                                                                            page that appears after submitting                     no crashes and one conviction for a
                                                    exemptions; request for comments.                       comments on-line.                                      moving violation in a CMV; he exceeded
                                                    SUMMARY:   FMCSA announces receipt of                     Privacy Act: In accordance with 5                    the speed limit by 10 miles per hour
                                                    applications from 37 individuals for                    U.S.C. 553(c), DOT solicits comments                   (mph).
                                                    exemption from the vision requirement                   from the public to better inform its                   Daniel A. Bahm
                                                    in the Federal Motor Carrier Safety                     rulemaking process. DOT posts these
                                                    Regulations. They are unable to meet                    comments, without edit, including any                     Mr. Bahm, 50, has had amblyopia in
                                                    the vision requirement in one eye for                   personal information the commenter                     his right eye since childhood. The
                                                    various reasons. The exemptions will                    provides, to www.regulations.gov, as                   visual acuity in his right eye is count
                                                    enable these individuals to operate                     described in the system of records                     fingers, and in his left eye, 20/20.
                                                    commercial motor vehicles (CMVs) in                     notice (DOT/ALL–14 FDMS), which can                    Following an examination in 2016, his
                                                    interstate commerce without meeting                     be reviewed at www.dot.gov/privacy.                    ophthalmologist stated, ‘‘According to
                                                    the prescribed vision requirement in                                                                           our exam and his previous visual field
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    one eye. If granted, the exemptions                                                                            test Mr. Bahm has sufficient vision to
                                                    would enable these individuals to                       Christine A. Hydock, Chief, Medical
                                                                                                                                                                   perform the driving tasks required to
                                                    qualify as drivers of commercial motor                  Programs Division, (202) 366–4001,
                                                                                                                                                                   operate a commercial vehicle.’’ Mr.
                                                    vehicles (CMVs) in interstate commerce.                 fmcsamedical@dot.gov, FMCSA,
                                                                                                                                                                   Bahm reported that he has driven
                                                                                                            Department of Transportation, 1200
                                                    DATES: Comments must be received on                                                                            straight trucks for 33 years,
                                                                                                            New Jersey Avenue SE., Room W64–
                                                    or before July 18, 2016. All comments                                                                          accumulating 16,500 miles and tractor-
                                                                                                            113, Washington, DC 20590–0001.
                                                    will be investigated by FMCSA. The                                                                             trailer combinations for 14 years,
                                                                                                            Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                    exemptions will be issued the day after                                                                        accumulating 2.1 million miles. He
                                                                                                            Monday through Friday, except Federal
                                                    the comment period closes.                                                                                     holds a Class A CDL from Florida. His
                                                                                                            holidays. If you have questions
                                                    ADDRESSES: You may submit comments                                                                             driving record for the last 3 years shows
                                                                                                            regarding viewing or submitting
                                                    bearing the Federal Docket Management                                                                          no crashes and no convictions for
                                                                                                            material to the docket, contact Docket
                                                    System (FDMS) Docket No. FMCSA–                                                                                moving violations in a CMV.
                                                                                                            Services, telephone (202) 366–9826.
                                                    2016–0028 using any of the following                                                                           John P. Brooks
                                                    methods:                                                SUPPLEMENTARY INFORMATION:
                                                      • Federal eRulemaking Portal: Go to                   I. Background                                             Mr. Brooks, 48, has complete loss of
                                                    http://www.regulations.gov. Follow the                                                                         vision in his right eye due to a traumatic
                                                    on-line instructions for submitting                        Under 49 U.S.C. 31136(e) and 31315,                 incident in childhood. The visual acuity
                                                    comments.                                               FMCSA may grant an exemption from                      in his right eye is light perception, and
                                                      • Mail: Docket Management Facility;                   the Federal Motor Carrier Safety                       in his left eye, 20/20. Following an
                                                    U.S. Department of Transportation, 1200                 Regulations for a 2-year period if it finds            examination in 2016, his
                                                    New Jersey Avenue SE., West Building                    ‘‘such exemption would likely achieve a                ophthalmologist stated, ‘‘In my opinion,
                                                    Ground Floor, Room W12–140,                             level of safety that is equivalent to or               he does have the vision required to
                                                    Washington, DC 20590–0001.                              greater than the level that would be                   operate a commercial vehicle.’’ Mr.
                                                      • Hand Delivery: West Building                        achieved absent such exemption.’’                      Brooks reported that he has driven
                                                    Ground Floor, Room W12–140, 1200                        FMCSA can renew exemptions at the                      straight trucks for 6 years, accumulating
                                                    New Jersey Avenue SE., Washington,                      end of each 2-year period. The 37                      240,000 miles and tractor-trailer
                                                    DC, between 9 a.m. and 5 p.m., Monday                   individuals listed in this notice have                 combinations for 18 years, accumulating
                                                    through Friday, except Federal                          each requested such an exemption from                  144,000 miles. He holds a Class A CDL
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Holidays.                                               the vision requirement in 49 CFR                       from Illinois. His driving record for the
                                                      • Fax: 1–202–493–2251.                                391.41(b)(10), which applies to drivers                last 3 years shows no crashes but two
                                                      Instructions: Each submission must                    of CMVs in interstate commerce.                        convictions in a CMV. In the first
                                                    include the Agency name and the                         Accordingly, the Agency will evaluate                  incidence, he exceeded the speed limit
                                                    docket numbers for this notice. Note                    the qualifications of each applicant to                by 12 mph and in the second incidence;
                                                    that all comments received will be                      determine whether granting an                          according to the citation, he
                                                    posted without change to http://                        exemption will achieve the required                    ‘‘disregarded an official traffic control
                                                    www.regulations.gov, including any                      level of safety mandated by statute.                   device.’’


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                                                                                  Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices                                             39321

                                                    Joshua L. Cecotti                                       reported that he has driven straight                   Following an examination in 2016, his
                                                       Mr. Cecotti, 33, has had vision loss in              trucks for 4 years, accumulating 152,000               ophthalmologist stated, ‘‘In my medical
                                                    his right eye since birth. The visual                   miles. He holds an operator’s license                  opinion, the patient has sufficient vision
                                                    acuity in his right eye is 20/150, and in               from Montana. His driving record for                   to perform the driving tasks required to
                                                    his left eye, 20/20. Following an                       the last 3 years shows no crashes and no               operate a commercial vehicle.’’ Mr.
                                                    examination in 2016, his optometrist                    convictions for moving violations in a                 Helsel reported that he has driven
                                                    stated, ‘‘It is also the opinion of both Dr.            CMV.                                                   straight trucks for 15 years,
                                                    Raymond A. Powell and me [sic] that he                                                                         accumulating 450,000 miles, and
                                                                                                            Kenneth W. Erickson                                    tractor-trailer combinations for 12 years,
                                                    has sufficient vision to perform the
                                                    driving tasks required to operate a                       Mr. Erickson, 78, has had amblyopia                  accumulating 840,000 miles. He holds a
                                                    commercial vehicle.’’ Mr. Cecotti                       in his left eye since birth. The visual                Class A CDL from Oregon. His driving
                                                    reported that he has driven straight                    acuity in his right eye is 20/20, and in               record for the last 3 years shows no
                                                    trucks for 15 years, accumulating                       his left eye, 20/400. Following an                     crashes and no convictions for moving
                                                    360,000 miles, and tractor-trailer                      examination in 2016, his optometrist                   violations in a CMV.
                                                    combinations for 15 years, accumulating                 stated, ‘‘Kenneth definitely has
                                                                                                                                                                   Titus E. Hostetler
                                                    285,000 miles. He holds an operator’s                   sufficient vision to operate a
                                                                                                            commercial vehicle.’’ Mr. Erickson                        Mr. Hostetler, 47, has had amblyopia
                                                    license from Washington. His driving
                                                                                                            reported that he has driven straight                   in his right eye since birth. The visual
                                                    record for the last 3 years shows no
                                                                                                            trucks for 62 years, accumulating                      acuity in his right eye is 20/150, and in
                                                    crashes and no convictions for moving
                                                                                                            930,000 miles, tractor-trailer                         his left eye, 20/20. Following an
                                                    violation in a CMV.
                                                                                                            combinations for 34 years, accumulating                examination in 2016, his optometrist
                                                    Derrick L. Cowan                                        1.97 million miles, and buses for 8                    stated, ‘‘In My Medical Opinion [sic],
                                                       Mr. Cowan, 38, has a prosthetic left                 years, accumulating 800,000 miles. He                  Mr. Hostetler has sufficient vision to
                                                    eye due to a traumatic incident in 1999.                holds a Class A CDL from Minnesota.                    perform the driving tasks required to
                                                    The visual acuity in his right eye is 20/               His driving record for the last 3 years                operate a commercial vehicle.’’ Mr.
                                                    20, and in his left eye, no light                       shows no crashes and no convictions for                Hostetler reported that he has driven
                                                    perception. Following an examination                    moving violations in a CMV.                            straight trucks for 29 years,
                                                    in 2016, his optometrist stated, ‘‘Based                                                                       accumulating 290,000 miles, and
                                                                                                            Anthony A. Gusa                                        tractor-trailer combinations for 29 years,
                                                    on my findings I believe Mr. Cowan
                                                    should have no visual problem                              Mr. Gusa, 59, has a corneal scar in his             accumulating 290,000 miles. He holds a
                                                    operating a commercial vehicle.’’ Mr.                   left eye due to a traumatic incident in                Class A CDL from Missouri. His driving
                                                    Cowan reported that he has driven                       1969. The visual acuity in his right eye               record for the last 3 years shows no
                                                    straight trucks for 9 years, accumulating               is 20/20, and in his left eye, 20/60.                  crashes and no convictions for moving
                                                    176,400 miles. He holds a Class A CDL                   Following an examination in 2016, his                  violations in a CMV.
                                                    from North Carolina. His driving record                 optometrist stated, ‘‘In my opinion,
                                                                                                                                                                   Darrell E. Hunter
                                                    for the last 3 years show no crashes and                Anthony has fine binocular vision and
                                                    no convictions for moving violations in                 is totally capable of operating a                         Mr. Hunter, 50, has a retinal
                                                    a CMV.                                                  commercial vehicle.’’ Mr. Gusa reported                detachment in his left eye due to a
                                                                                                            that he has driven straight trucks for 9               traumatic incident in 1998. The visual
                                                    Ryan E. Cox                                             years, accumulating 90,000 miles and                   acuity in his right eye is 20/20, and in
                                                       Mr. Cox, 40, has had amblyopia in his                tractor-trailer combinations for 13 years,             his left eye, 20/100. Following an
                                                    left eye since childhood. The visual                    accumulating 585,000 miles. He holds a                 examination in 2016, his
                                                    acuity in his right eye is 20/20, and in                Class A CDL from Michigan. His driving                 ophthalmologist stated, ‘‘I do believe
                                                    his left eye, counting fingers. Following               record for the last 3 years shows no                   that he has vision sufficient to operate
                                                    an examination in 2016, his optometrist                 crashes and no convictions for moving                  a commercial vehicle.’’ Mr. Hunter
                                                    stated ‘‘Ryan has a good driving record,                violations in a CMV.                                   reported that he has driven tractor-
                                                    so in my opinion, he has sufficient                                                                            trailer combinations for 15 years,
                                                    vision to perform the driving tasks                     Pedro Guzman                                           accumulating 900,000 miles. He holds a
                                                    required to operate a commercial                          Mr. Guzman, 39, has had amblyopia                    Class A CDL from North Carolina. His
                                                    vehicle.’’ Mr. Cox reported that he has                 in his left eye since childhood. The                   driving record for the last 3 years shows
                                                    driven straight trucks for 20 years,                    visual acuity in his right eye is 20/20,               no crashes and no convictions for
                                                    accumulating 100,000 miles and tractor-                 and in his left eye, 20/150. Following an              moving violations in a CMV.
                                                    trailer combinations for 20 years,                      examination in 2016, his optometrist
                                                                                                                                                                   Charles R. Johnson
                                                    accumulating 100,000 miles. He holds                    stated, ‘‘In my opinion, Pedro has
                                                    an operator’s license from Wisconsin.                   sufficient vision to perform the driving                  Mr. Johnson, 54, has had central
                                                    His driving record for the last 3 years                 tasks required to operate a commercial                 serous chorioretinopathy in his left eye
                                                    shows no crashes and no convictions for                 vehicle.’’ Mr. Guzman reported that he                 since 1991. The visual acuity in his
                                                    moving violations in a CMV.                             has driven straight trucks for 8 years,                right eye is 20/20, and in his left eye 20/
                                                                                                            accumulating 30,720 miles. He holds an                 200. Following an examination in 2016,
                                                    Ronald A. Donsbach                                                                                             his ophthalmologist stated, ‘‘In my
                                                                                                            operator’s license from Texas. His
                                                      Mr. Donsbach, 52, has had a cataract                                                                         opinion, this patient continues to have
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            driving record for the last 3 years shows
                                                    in his left eye since birth. The visual                 no crashes and no convictions for                      sufficient vision to perform his job,
                                                    acuity in his right eye is 20/20, and in                moving violations in a CMV.                            which requires operating a commercial
                                                    his left eye, 20/400. Following an                                                                             vehicle.’’ Mr. Johnson reported that he
                                                    examination in 2015, his optometrist                    Bradley C. Helsel                                      has driven straight trucks for 27 years,
                                                    stated, ‘‘It is in my opinion that Ronald                 Mr. Helsel, 59, has had phthisis bulbi               accumulating 54,000 miles, and tractor-
                                                    has sufficient vision to perform the                    in his left eye since childhood. The                   trailer combinations for 27 years,
                                                    driving tasks required for him to operate               visual acuity in his right eye is 20/20,               accumulating 54,000 miles. He holds a
                                                    his commercial vehicle.’’ Mr. Donsbach                  and in his left eye, no light perception.              Class A CDL from Minnesota. His


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                                                    39322                         Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices

                                                    driving record the last 3 years shows no                examination in 2015, his                               stated, ‘‘It is my opinion that given,
                                                    crashes and no convictions for moving                   ophthalmologist stated, ‘‘He is                        James longstanding nature of the ptosis
                                                    violations in a CMV.                                    completely capable of driving                          of his right eyelid and his ability to
                                                                                                            commercially with his good eye which                   compensate for this loss over the past 25
                                                    Kenneth B. Julian
                                                                                                            is 20/20 uncorrected.’’ Mr. Lake                       years, he possesses sufficient visual
                                                       Mr. Julian, 55, has had a prosthetic                 reported that he has driven straight                   ability to perform the driving tasks
                                                    left eye since 2013. The visual acuity in               trucks for 36 years, accumulating 1.08                 required to operate a commercial
                                                    his right eye is 20/20, and in his left eye,            million miles, and tractor-trailer                     vehicle.’’ Mr. Matthey reported that he
                                                    no light perception. Following an                       combinations for 36 years, accumulating                has driven straight trucks for 36 years,
                                                    examination in 2016, his optometrist                    3.6 million miles. He holds a Class AM                 accumulating 720,000 miles. He holds
                                                    stated, ‘‘In my medical opinion Kenneth                 CDL from Illinois. His driving record for              an operator’s license from Pennsylvania.
                                                    Julian has sufficient vision to operate a               the last 3 years shows no crashes and no               His driving record for the last 3 years
                                                    commercial vehicle.’’ Mr. Julian                        convictions for moving violations in a                 shows no crashes and no convictions for
                                                    reported that he has driven tractor-                    CMV.                                                   moving violations in a CMV.
                                                    trailer combinations for 18 years,
                                                                                                            Jayme M. Leonard                                       Brian D. McClanahan
                                                    accumulating 1.03 million miles. He
                                                    holds an operator’s license from                           Mr. Leonard, 54, has a retinal                         Mr. McClanahan, 45, has had
                                                    Oklahoma. His driving record for the                    detachment in his right eye due to a                   strabismic amblyopia in his right eye
                                                    last 3 years shows no crashes and no                    traumatic incident in 1976. The visual                 since childhood. The visual acuity in
                                                    convictions for moving violations in a                  acuity in his right eye is 20/80, and in               his right eye is 20/60, and in his left eye,
                                                    CMV.                                                    his left eye, 20/20. Following an                      20/20. Following an examination in
                                                                                                            examination in 2016, his optometrist                   2016, his optometrist stated, ‘‘Patient
                                                    Walter J. Jurczak                                       stated, ‘‘Since Jayme has been living
                                                                                                                                                                   has sufficient vision to perform driving
                                                       Mr. Jurczak, 50, has had a prosthetic                with this vision damage for over 40
                                                                                                                                                                   tasks required to operate commercial
                                                    left eye since 2000. The visual acuity in               years and everything is stable, it is my
                                                                                                                                                                   vehicle.’’ Mr. McClanahan reported that
                                                    his right eye is 20/20, and in his left eye,            opinion that he should continue to have
                                                                                                                                                                   he has driven straight trucks for 18
                                                    no light perception. Following an                       a CDL driving [sic] license and is safe
                                                                                                                                                                   years, accumulating 216,000 miles, and
                                                    examination in 2016, his optometrist                    to be driving a commercial vehicle.’’ Mr.
                                                                                                                                                                   tractor-trailer combinations for 18 years,
                                                    stated, ‘‘The level of vision he is                     Leonard reported that he has driven
                                                                                                                                                                   accumulating 129,600 miles. He holds a
                                                    achieving in his right eye is satisfactory              straight trucks for 3 years, accumulating
                                                                                                                                                                   Class AM CDL from Illinois. His driving
                                                    to safely operate a commercial vehicle.’’               37,440 miles. He holds a Class B CDL
                                                                                                                                                                   record for the last 3 years shows no
                                                    Mr. Jurczak reported that he has driven                 from Vermont. His driving record for the
                                                                                                                                                                   crashes and no convictions for moving
                                                    straight trucks for 28 years,                           last 3 years shows no crashes and no
                                                                                                                                                                   violations in a CMV.
                                                    accumulating 140,000 miles, tractor-                    convictions for moving violations in a
                                                    trailer combinations for 28 years,                      CMV.                                                   Mark Mitchell
                                                    accumulating 56,000 miles, and buses
                                                                                                            Christopher E. Madsen                                     Mr. Mitchell, 54, has had macular
                                                    for 28 years, accumulating 28,000 miles.
                                                                                                               Mr. Madsen, 35, has had optic nerve                 telangiectasia in his left eye since 2006.
                                                    He holds a Class A CDL from New
                                                                                                            hypoplasia in his left eye since birth.                The visual acuity in his right eye is 20/
                                                    Jersey. His driving record for the last 3
                                                                                                            The visual acuity in his right eye is 20/              20, and in his left eye, 20/50. Following
                                                    years shows no crashes and no
                                                                                                            20, and in his left eye, no light                      an examination in 2016, his optometrist
                                                    convictions for moving violations in a
                                                                                                            perception. Following an examination                   stated, ‘‘In my opinion Mr. Mitchell has
                                                    CMV.
                                                                                                            in 2016, his optometrist stated, ‘‘Due to              sufficient vision to perform the driving
                                                    Keith Kebschull                                         the congenital nature of Chris’s visual                tasks required to operate a commercial
                                                       Mr. Kebschull, 51, has had amblyopia                 problems, he has learned to perform all                vehicle.’’ Mr. Mitchell reported that he
                                                    in his left eye since childhood. The                    activities of daily life and work with just            has driven straight trucks for 15 years,
                                                    visual acuity in his right eye is 20/30,                the use of his right eye. He performs as               accumulating 450,000 miles. He holds a
                                                    and in his left eye, hand motion.                       well with his one eye as most of us do                 chauffer’s license from Michigan. His
                                                    Following an examination in 2015, his                   with two. If anything, it is his color                 driving record for the last 3 years shows
                                                    ophthalmologist stated, ‘‘With these                    vision deficiency which presents the                   no crashes and no convictions for
                                                    findings and his excellent 27 year                      greatest obstacle and I cannot change                  moving violations in a CMV.
                                                    commercial driving record in my                         that. I feel this should be the only thing             Joel E. Nundahl
                                                    medical opinion Mr. Kebschull has                       taken into consideration with whether
                                                    sufficient vision to perform the driving                [sic] or not he is issued a commercial                   Mr. Nundahl, 62, has had amblyopia
                                                    tasks required to operate a commercial                  driver’s license.’’ Mr. Madsen reported                in his right eye since childhood. The
                                                    vehicle.’’ Mr. Kebschull reported that he               that he has driven tractor-trailer                     visual acuity in his right eye is 20/50,
                                                    has driven straight trucks for 27 years,                combinations for 11 years accumulating                 and in his left eye, 20/20. Following an
                                                    accumulating 444,150 miles. He holds a                  999,999 miles. He holds a Class A CDL                  examination in 2016, his optometrist
                                                    Class B CDL from Illinois. His driving                  from Iowa. His driving record for the                  stated, ‘‘In my medical opinion Mr. Joel
                                                    record for the last 3 years shows no                    last 3 years shows no crashes and no                   Nundahl is safe to perform the driving
                                                                                                                                                                   tasks required to operate a commercial
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                                                    crashes and no convictions for moving                   convictions for moving violations in a
                                                    violations in a CMV.                                    CMV.                                                   vehicle.’’ Mr. Nundahl reported that he
                                                                                                                                                                   has driven tractor-trailer combinations
                                                    Jeffrey N. Lake                                         James K. Matthey                                       for 39 years, accumulating 4.29 million
                                                       Mr. Lake, 54, has complete loss of                      Mr. Matthey, 59, has had ptosis in his              miles. He holds a Class A CDL from
                                                    vision in his right eye due to a traumatic              right eye since 1991. The visual acuity                Minnesota. His driving record for the
                                                    incident in 1974. The visual acuity in                  in his right eye is light perception, and              last 3 years shows no crashes and no
                                                    his right eye is no light perception, and               in his left eye, 20/20. Following an                   convictions for moving violations in a
                                                    in his left eye, 20/20. Following an                    examination in 2016, his optometrist                   CMV.


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                                                                                  Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices                                             39323

                                                    Kent A. Perry                                           accumulating 1.5 million miles. He                     Blaine R. Sherfinski
                                                      Mr. Perry, 56, has had amblyopia in                   holds a Class A CDL from Florida. His                    Mr. Sherfinski, 60, has had amblyopia
                                                    his left eye since childhood. The visual                driving record for the last 3 years shows              in his right eye since childhood. The
                                                    acuity in his right eye is 20/40, and in                no crashes and no convictions for                      visual acuity in his right eye is 20/600,
                                                    his left eye, hand motion. Following an                 moving violations in a CMV.                            and in his left eye, 20/20. Following an
                                                    examination in 2015, his optometrist                    J.B. Rodriguez Mata                                    examination in 2015, his optometrist
                                                    stated, ‘‘I believe that Mr. Perry now has                                                                     stated, ‘‘It is my opinion that Mr.
                                                    sufficient vision following his cataract                   Mr. Rodriguez Mata, 52, has had                     Sherfinski has sufficient vision to
                                                    surgery to operate a commercial                         amblyopia in his left eye since                        perform the driving tasks required for
                                                    vehicle.’’ Mr. Perry reported that he has               childhood. The visual acuity in his right              operating a commercial vehicle.’’ Mr.
                                                    driven straight trucks for 31 years,                    eye is 20/20, and in his left eye, 20/400.             Sherfinski reported that he has driven
                                                    accumulating 310,000 miles. He holds                    Following an examination in 2016, his                  buses for 3 years, accumulating 45,000
                                                    an operator’s license from Wyoming.                     optometrist stated, ‘‘In my medical                    miles. He holds a Class B CDL from
                                                    His driving record for the last 3 years                 opinion, patient J. Bernardo Rodriguez                 Washington. His driving record for the
                                                    shows no crashes and no convictions for                 . . . has sufficient vision to perform the             last 3 years shows no crashes and no
                                                    moving violations in a CMV.                             driving tasks required to operate a                    convictions for moving violations in a
                                                                                                            commercial vehicle.’’ Mr. Rodriguez                    CMV.
                                                    Richard C. Powers                                       Mata reported that he has driven
                                                       Mr. Powers, 36, has had amblyopia in                 straight trucks for 15 years,                          Chad M. Smith
                                                    his left eye since childhood. The visual                accumulating 2.4 million miles. He                        Mr. Smith, 34, has had amblyopia in
                                                    acuity in his right eye is 20/20, and in                holds a Class A CDL from Texas. His                    his left eye since birth. The visual acuity
                                                    his left eye, 20/80. Following an                       driving record for the last 3 years shows              in his right eye is 20/20, and in his left
                                                    examination in 2015, his optometrist                    no crashes and no convictions for                      eye, 20/200. Following an examination
                                                    stated, ‘‘From a visual standpoint, he is               moving violations in a CMV.                            in 2015, his optometrist stated, ‘‘In my
                                                    sufficient to operate a commercial                                                                             medical opinion . . . Chad has
                                                    vehicle.’’ Mr. Powers reported that he                  Joseph Sais                                            sufficient vision to perform the driving
                                                    has driven straight trucks for 2 years,                    Mr. Sais, 38, has had refractive                    tasks required to operate a commercial
                                                    accumulating 160,000 miles, and                         amblyopia in his left eye since                        vehicle.’’ Mr. Smith reported that he has
                                                    tractor-trailer combinations for 8 years,               childhood. The visual acuity in his right              driven straight trucks for 7 years,
                                                    accumulating 800,000 miles. He holds a                  eye is 20/20, and in his left eye, 20/400.             accumulating 24,500 miles, and tractor-
                                                    Class A CDL from Texas. His driving                     Following an examination in 2015, his                  trailer combinations for 2 years,
                                                    record for the last 3 years shows no                    optometrist stated, ‘‘I examined Mr.                   accumulating 3,000 miles. He holds a
                                                    crashes and one conviction for a moving                 Joseph Saiz (DOB: 05/03/1977) on 11/                   Class A CDL from Iowa. His driving
                                                    violation in a CMV; he was speeding                     11/2015 and found his visual finding in                record for the last 3 years shows no
                                                    11–15 mph over the speed limit.                         the right eye to meet or surpass the                   crashes and no convictions for moving
                                                                                                            criteria to drive a commercial motor                   violations in a CMV.
                                                    Mario A. Quezada
                                                                                                            vehicle.’’ Mr. Sais reported that he has               Corey L. Spring
                                                       Mr. Quezada, 60, has had amblyopia
                                                                                                            driven straight trucks for 7 years,
                                                    in his right eye since birth. The visual                                                                          Mr. Spring, 43, has a macular scar in
                                                                                                            accumulating 3,500 miles, and tractor-
                                                    acuity in his right eye is 20/400, and in                                                                      his left eye due to a traumatic incident
                                                                                                            trailer combinations for 7 years,                      in childhood. The visual acuity in his
                                                    his left eye, 20/20. Following an
                                                    examination in 2015, his optometrist                    accumulating 3,500 miles. He holds a                   right eye is 20/20, and in his left eye,
                                                    stated, ‘‘I certify that Mr. Quezada has                Class A CDL from New Mexico. His                       counting fingers. Following an
                                                    sufficient vision to perform the driving                driving record for the last 3 years shows              examination in 2016, his optometrist
                                                    tasks required to operate a commercial                  no crashes and no convictions for                      stated, ‘‘Mr. Corey Spring . . . has good
                                                    vehicle.’’ Mr. Quezada reported that he                 moving violations in a CMV.                            enough vision to operate a commercial
                                                    has driven tractor-trailer combinations                 John M. Sexton                                         vehicle & [sic] meets the VF’s criteria of
                                                    for 27 years, accumulating 1.89 million                                                                        at least 120 * [sic] in each eye.’’ Mr.
                                                    miles. He holds a Class A CDL from                         Mr. Sexton, 50, has had refractive                  Spring reported that he has driven
                                                    Texas. His driving record for the last 3                amblyopia in his left eye since                        tractor-trailer combinations for 21 years,
                                                    years shows no crashes and one                          childhood. The visual acuity in his right              accumulating 3.15 million miles. He
                                                    conviction for a moving violation in a                  eye is 20/20, and in his left eye, hand                holds a Class A CDL from Arkansas. His
                                                    CMV; he made an improper left turn                      motion. Following an examination in                    driving record for the last 3 years shows
                                                    from the wrong lane at an intersection.                 2015, his optometrist stated, ‘‘Although               no crashes and no convictions for
                                                                                                            OS has decreased acuity from a lifelong                moving violations in a CMV.
                                                    Guadalupe Reyes                                         [sic] condition of refractive amblyopia,
                                                       Mr. Reyes, 47, has had amblyopia in                  I feel that John has sufficient vision to              Leslie D. Wallace
                                                    his left eye since childhood. The visual                perform the driving tasks required to                     Mr. Wallace, 50, has a retinal
                                                    acuity in his right eye is 20/20, and in                operate a commercial vehicle as he has                 detachment in his right eye due to a
                                                    his left eye, 20/80. Following an                       fully adapted to the condition.’’ Mr.                  traumatic incident in 2006. The visual
                                                    examination in 2015, his                                Sexton reported that he has driven                     acuity in his right eye is 20/400, and in
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                                                    ophthalmologist stated, ‘‘Mr. Reyes has                 straight trucks for 5 years accumulating               his left eye, 20/20. Following an
                                                    demonstrated his ability to differentiate               25,000 miles, and tractor-trailer                      examination in 2015, his optometrist
                                                    colors as seen on traffic signals, and it               combinations for 31 years, accumulating                stated, ‘‘He doesn’t have any problem
                                                    is of my opinion that Mr. Reyes has                     3.2 million miles. He holds a Class CA                 with his color vision and he doesn’t
                                                    sufficient vision to perform the driving                CDL from California. His driving record                have any physical limitations or
                                                    tasks required to operate a commercial                  for the last 3 years shows no crashes and              medical conditions . . . I see no reason
                                                    vehicle.’’ Mr. Reyes reported that he has               no convictions for moving violations in                to believe the he would have problem
                                                    driven straight trucks for 23 years,                    a CMV.                                                 with commercial vehicles.’’ Mr. Wallace


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                                                    39324                         Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices

                                                    reported that he has driven straight                    address, an email address, or a phone                  prohibiting persons with insulin-treated
                                                    trucks for 30 years, accumulating                       number in the body of your document                    diabetes mellitus (ITDM) from operating
                                                    600,000 miles, and tractor-trailer                      so the Agency can contact you if it has                commercial motor vehicles (CMVs) in
                                                    combinations for 30 years, accumulating                 questions regarding your submission.                   interstate commerce. The exemptions
                                                    600,000 miles. He holds a Class A CDL                      To submit your comment online, go to                enable these individuals to operate
                                                    from Missouri. His driving record for                   http://www.regulations.gov and put the                 CMVs in interstate commerce.
                                                    the last 3 years shows no crashes and no                docket number FMCSA–2016–0028 in                       DATES: The exemptions were effective
                                                    convictions for moving violations in a                  the ‘‘Keyword’’ box, and click ‘‘Search.’’             on January 21, 2016. The exemptions
                                                    CMV.                                                    When the new screen appears, click on                  expire on January 21, 2018.
                                                                                                            ‘‘Comment Now!’’ button and type your
                                                    James C. Wechsler                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                            comment into the text box in the
                                                      Mr. Wechsler, 45, has had refractive                  following screen. Choose whether you                   Christine A. Hydock, Chief, Medical
                                                    amblyopia in his right eye since                        are submitting your comment as an                      Programs Division, (202) 366–4001,
                                                    childhood. The visual acuity in his right               individual or on behalf of a third party               fmcsamedical@dot.gov, FMCSA,
                                                    eye is 20/60, and in his left eye, 20/15.               and then submit. If you submit your                    Department of Transportation, 1200
                                                    Following an examination in 2015, his                   comments by mail or hand delivery,                     New Jersey Avenue SE., Room W64–
                                                    optometrist stated, ‘‘It is my opinion                  submit them in an unbound format, no                   113, Washington, DC 20590–0001.
                                                    that James’s [sic] vision and visual                    larger than 81⁄2 by 11 inches, suitable for            Office hours are from 8:30 a.m. to 5 p.m.
                                                    deficiency is stable and he has more                    copying and electronic filing. If you                  e.t., Monday through Friday, except
                                                    than sufficient vision to perform the                   submit comments by mail and would                      Federal holidays.
                                                    driving tasks required to operate a                     like to know that they reached the                     SUPPLEMENTARY INFORMATION:
                                                    commercial vehicle.’’ Mr. Wechsler                      facility, please enclose a stamped, self-              I. Electronic Access
                                                    reported that he has driven straight                    addressed postcard or envelope.
                                                    trucks for 26 years, accumulating                          FMCSA will consider all comments                       You may see all the comments online
                                                    390,000 miles, and tractor-trailer                      and material received during the                       through the Federal Document
                                                    combinations for 26 years, accumulating                 comment period. FMCSA may issue a                      Management System (FDMS) at: http://
                                                    2.21 million miles. He holds a Class A                  final determination at any time after the              www.regulations.gov.
                                                    CDL from Oregon. His driving record for                 close of the comment period.                              Docket: For access to the docket to
                                                    the last 3 years shows no crashes and no                                                                       read background documents or
                                                                                                            Viewing Comments and Documents                         comments, go to http://
                                                    convictions for moving violations in a
                                                    CMV.                                                       To view comments, as well as                        www.regulations.gov and/or Room
                                                                                                            documents mentioned in this preamble                   W12–140 on the ground level of the
                                                    Danny A. Wright                                         as being available in the docket, go to                West Building, 1200 New Jersey Avenue
                                                      Danny A. Wright, 39, has optic nerve                  http://www.regulations.gov and insert                  SE., Washington, DC, between 9 a.m.
                                                    damage in his left eye due to a traumatic               the docket number FMCSA–2016–0028                      and 5 p.m., Monday through Friday,
                                                    incident in childhood. The visual acuity                in the ‘‘Keyword’’ box and click                       except Federal holidays.
                                                    in his right eye is 20/20, and in his left              ‘‘Search.’’ Next, click ‘‘Open Docket                     Privacy Act: In accordance with 5
                                                    eye, 20/70. Following an examination in                 Folder’’ button and choose the                         U.S.C. 553(c), DOT solicits comments
                                                    2016, his optometrist stated, ‘‘In                      document listed to review. If you do not               from the public to better inform its
                                                    summation, it is my professional                        have access to the Internet, you may                   rulemaking process. DOT posts these
                                                    opinion that Danny should have                          view the docket online by visiting the                 comments, without edit, including any
                                                    sufficient vision to perform the driving                Docket Management Facility in Room                     personal information the commenter
                                                    tasks required to operate his commercial                W12–140 on the ground floor of the                     provides, to www.regulations.gov, as
                                                    vehicle.’’ Mr. Wright reported that he                  DOT West Building, 1200 New Jersey                     described in the system of records
                                                    has driven straight trucks for 17 years,                Avenue SE., Washington, DC 20590,                      notice (DOT/ALL–14 FDMS), which can
                                                    accumulating 20,800 miles. He holds a                   between 9 a.m. and 5 p.m., e.t., Monday                be reviewed at www.dot.gov/privacy.
                                                    chauffeur’s license from Indiana. His                   through Friday, except Federal holidays.               II. Background
                                                    driving record for the last 3 years shows                 Issued on: June 10, 2016.
                                                    no crashes and no convictions for                                                                                 On December 21, 2015, FMCSA
                                                                                                            Larry W. Minor,
                                                    moving violations in a CMV.                                                                                    published a notice of receipt of Federal
                                                                                                            Associate Administrator for Policy.                    diabetes exemption applications from
                                                    III. Public Participation and Request for               [FR Doc. 2016–14242 Filed 6–15–16; 8:45 am]            56 individuals and requested comments
                                                    Comments                                                BILLING CODE 4910–EX–P                                 from the public (80 FR 79402). The
                                                       FMCSA encourages you to participate                                                                         public comment period closed on
                                                    by submitting comments and related                                                                             January 20, 2016.
                                                                                                            DEPARTMENT OF TRANSPORTATION                              FMCSA has evaluated the eligibility
                                                    materials.
                                                                                                            Federal Motor Carrier Safety                           of the 56 applicants and determined that
                                                    Submitting Comments                                                                                            granting the exemptions to these
                                                                                                            Administration
                                                      If you submit a comment, please                                                                              individuals would achieve a level of
                                                    include the docket number for this                      [FMCSA Docket No. FMCSA–2015–0339]                     safety equivalent to or greater than the
                                                    notice, indicate the specific section of
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                                                                                                                                                                   level that would be achieved by
                                                    this document to which each comment                     Qualification of Drivers; Exemption                    complying with the current regulation
                                                    applies, and provide a reason for each                  Applications; Diabetes Mellitus                        49 CFR 391.41(b)(3).
                                                    suggestion or recommendation. You                       AGENCY: Federal Motor Carrier Safety
                                                    may submit your comments and                                                                                   III. Diabetes Mellitus and Driving
                                                                                                            Administration (FMCSA), DOT.                           Experience of the Applicants
                                                    material online or by fax, mail, or hand                ACTION: Notice of final disposition.
                                                    delivery, but please use only one of                                                                             The Agency established the current
                                                    these means. FMCSA recommends that                      SUMMARY:  FMCSA confirms its decision                  requirement for diabetes in 1970
                                                    you include your name and a mailing                     to exempt 56 individuals from its rule                 because several risk studies indicated


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Document Created: 2016-06-16 00:37:20
Document Modified: 2016-06-16 00:37:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemptions; request for comments.
DatesComments must be received on or before July 18, 2016. All comments will be investigated by FMCSA. The exemptions will be issued the day after the comment period closes.
ContactChristine 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 Citation81 FR 39320 

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