81 FR 42054 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 124 (June 28, 2016)

Page Range		42054-42057
FR Document		2016-15221
FMCSA announces receipt of applications from 23 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce.
Federal Register, Volume 81 Issue 124 (Tuesday, June 28, 2016)
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Notices]
[Pages 42054-42057]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15221]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0029]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 23 individuals 
for exemption from the vision requirement in the Federal Motor Carrier 
Safety Regulations. They are unable to meet the vision requirement in 
one eye for various reasons. The exemptions will enable these 
individuals to operate commercial motor vehicles (CMVs) in interstate 
commerce without meeting the prescribed vision requirement in one eye. 
If granted, the exemptions would enable these individuals to qualify as 
drivers of commercial motor vehicles (CMVs) in interstate commerce.

DATES: Comments must be received on or before July 28, 2016. All 
comments will be investigated by FMCSA. The exemptions will be issued 
the day after the comment period closes.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2016-0029 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or

[[Page 42055]]

Room W12-140 on the ground level of the West Building, 1200 New Jersey 
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The FDMS is available 24 hours each 
day, 365 days each year. If you want acknowledgment that we received 
your comments, please include a self-addressed, stamped envelope or 
postcard or print the acknowledgement page that appears after 
submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, (202) 366-4001, [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 23 individuals listed in this notice have each 
requested such an exemption from the vision requirement in 49 CFR 
391.41(b)(10), which applies to drivers of CMVs in interstate commerce. 
Accordingly, the Agency will evaluate the qualifications of each 
applicant to determine whether granting an exemption will achieve the 
required level of safety mandated by statute.

II. Qualifications of Applicants

Patrick R. Beallis

    Mr. Beallis, 49, has had refractive amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/100. Following an examination in 2015, his optometrist stated, 
``In my opinion, Mr. Beallis has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Beallis 
reported that he has driven straight trucks for 24 years, accumulating 
60,000 miles. He holds an operator's license from Illinois. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Gary A. Brown

    Mr. Brown, 70, has had central chorioretinitis in his left eye 
since childhood. The visual acuity in his right eye is 20/20, and in 
his left eye, 20/200. Following an examination in 2016, his optometrist 
stated, ``Pt. [sic] has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Brown reported that he 
has driven straight trucks for 53 years, accumulating 265,000 miles, 
and tractor-trailer combinations for 39 years, accumulating 195,000 
miles. He holds a Class AM CDL from Pennsylvania. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Dudley G. Diebold

    Mr. Diebold, 75, has a prosthetic left eye due to a traumatic 
incident in 1981. The visual acuity in his right eye is 20/20, and in 
his left eye, no light perception. Following an examination in 2016, 
his ophthalmologist stated, ``The patient has sufficient vision to 
perform a driving test required to operate a commercial vehicle.'' Mr. 
Diebold reported that he has driven straight trucks for 60 years, 
accumulating 600,000 miles. He holds a Class A CDL from Connecticut. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

David L. Evers

    Mr. Evers, 65, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
60. Following an examination in 2016, his optometrist stated, ``In my 
opinion, David has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Evers reported that he 
has driven straight trucks for 18 years, accumulating 280,800 miles, 
and tractor-trailer combinations for 29 years, accumulating 3.2 million 
miles. He holds a Class A CDL from Minnesota. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

John M. Harris

    Mr. Harris, 39, has had optic nerve hypoplasia in his left eye 
since birth. The visual acuity in his right eye is 20/20, and in his 
left eye, 20/400. Following an examination in 2016, his optometrist 
stated, ``His corrected vision in his OD renders him safe to drive a 
commercial vehicle.'' Mr. Harris reported that he has driven straight 
trucks for 15 years, accumulating 105,000 miles, and tractor-trailer 
combinations for 4 years, accumulating 100,000 miles. He holds an 
operator's license from Mississippi. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Raymond E. Hogue

    Mr. Hogue, 55, has had ocular histoplasmosis in his right eye since 
2006. The visual acuity in his right eye is 20/400, and in his left 
eye, 20/30. Following an examination in 2016, his ophthalmologist 
stated, ``I believe that Raymond, in my medical opinion, would have 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Hogue reported that he has driven straight 
trucks for 8 years, accumulating 40,000 miles, and tractor-trailer 
combinations for 20 years, accumulating 1.3 million miles. He holds a 
Class AM CDL from Pennsylvania. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Michael E. Jones

    Mr. Jones, 53, has a prosthetic right eye due to a traumatic 
incident in 2010. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/15. Following an examination in 
2016, his optometrist stated, ``His color vision is not impaired and he 
should have no visual difficulties performing the driving tasks 
required to operate a commercial vehicle.'' Mr. Jones reported that he 
has driven straight trucks for 4 years, accumulating 80,000 miles, and 
tractor-trailer combinations for 17 years, accumulating 1.7 million 
miles. He holds a Class AM CDL from Illinois. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Robert L. Jones

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

[[Page 42056]]

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

Richard A. Kolodziejczyk

    Mr. Kolodziejczyk, 48, has had refractive amblyopia in his right 
eye since childhood. The visual acuity in his right eye is 20/50, and 
in his left eye, 20/20. Following an examination in 2016, his 
optometrist stated, ``I do certify that in my medical opinion, Richard 
does have sufficient vision to [sic], visual skills, and visual-motor 
skills to perform the driving tasks necessary to operate a commercial 
vehicle.'' Mr. Kolodziejczyk reported that he has driven straight 
trucks for 16 years, accumulating 748,800 miles. He holds an operator's 
license from Connecticut. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Dean A. Lardieri

    Mr. Lardieri, 58, has a macular scar in his right eye due to a 
traumatic incident in 1978. The visual acuity in his right eye is 
counting fingers, and in his left eye, 20/20. Following an examination 
in 2016, his ophthalmologist stated, ``In my opinion this patient has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Lardieri reported that he has driven straight 
trucks for 25 years, accumulating 437,500 miles. He holds an operator's 
license from New Jersey. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Darius R. Law

    Mr. Law, 31, has had complete loss of vision in his right eye since 
2011. The visual acuity in his right eye is no light perception, and in 
his left eye, 20/20. Following an examination in 2016, his 
ophthalmologist stated, ``In my opinion, Darius Law has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Law reported that he has driven straight trucks for 3 
years, accumulating 12,000 miles, and tractor-trailer combinations for 
1 year, accumulating 250 miles. He holds a Class A CDL from Florida. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Robert C. Martin

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

Mark. W. Mc Taggart

    Mr. Mc Taggart, 42, has had macular pigment epithelial detachment 
in his left eye since 2011. The visual acuity in his right eye is 20/
20, and in his left eye, 20/100. Following an examination in 2016, his 
optometrist stated, ``In my professional opinion Mark has vision 
sufficient to operate a commercial vehicle with no improvement.'' Mr. 
Mc Taggart reported that he has driven straight trucks for 15 years, 
accumulating 150,000 miles. He holds a Class A CDL from Illinois. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Hobie S. Morse

    Mr. Morse, 21, has complete loss of vision in his left eye due to a 
traumatic incident in 2004. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination 
in 2016, his optometrist stated, ``It is my professional opinion that 
Mr. Morse has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Morse reported that he has 
driven straight trucks for 1.5 years, accumulating 45,000 miles, and 
tractor-trailer combinations for 1.5 years, accumulating 26,000 miles. 
He holds a Class A CDL from Arkansas. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Noel Munoz

    Mr. Munoz, 59, has had a macular scar in his right eye due to 
central serous retinopathy since 2008. The visual acuity in his right 
eye is 20/60, and in his left eye, 20/20. Following an examination in 
2016, his optometrist stated, ``It is my medical opinion that Noel 
Munoz has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Munoz reported that he has driven 
straight trucks for 30 years, accumulating 660,000 miles, and tractor-
trailer combinations for 30 years, accumulating 360,000 miles. He holds 
a Class A CDL from New Mexico. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Frank C. Newberry

    Mr. Newberry, 57, has complete loss of vision in his right eye due 
to a traumatic incident in 2000. The visual acuity in his right eye is 
no light perception, and in his left eye, 20/20. Following an 
examination in 2016, his optometrist stated, ``He has had no changes in 
his vision which would interfere with his driving. He should have the 
same driving capability now as he has had over the past 16 years.'' Mr. 
Newberry reported that he has driven straight trucks for 36 years, 
accumulating 75,000 miles. He holds a Class A CDL from Idaho. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Peter J. O'Connell

    Mr. O'Connell, 40, has a macular hole in his right eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/200, and in his left eye, 20/20. Following an examination in 2016, 
his optometrist stated, ``It is my opinion that given the longstanding 
nature of Peter's stable ocular injury and his ability to compensate 
for it for the past 30 years, he should possess sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. O'Connell reported that he has driven straight trucks for 9 years, 
accumulating 374,400 miles. He holds an operator's license from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

James M. Paul

    Mr. Paul, 64, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2016, his ophthalmologist stated, 
``U.S. Department of Transportation Vision Program . . . In my opinion, 
Mr. Paul has sufficient vision to perform the driving tasks required as 
has been the case in the past.'' Mr. Paul reported that he has driven 
straight trucks for 41 years, accumulating 738,000 miles, and tractor-
trailer combinations for 41 years, accumulating 738,000 miles. He holds 
a Class AMV CDL from Alabama. His

[[Page 42057]]

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

Ivan Romero

    Mr. Romero, 28, has complete loss of vision in his right eye due to 
a traumatic incident in childhood. The visual acuity in his right eye 
is light perception, and in his left eye, 20/20. Following an 
examination in 2016, his optometrist stated, ``Based on results from 
the examination and driving history without incident it appears that 
Mr. Romero qualifies to meet criteria for an exemption from the vision 
standards in Federal Motor Carrier Safety Regulations.'' Mr. Romero 
reported that he has driven straight trucks for 4 years, accumulating 
160,000 miles, and tractor-trailer combinations for 4 years, 
accumulating 188,000 miles. He holds a Class A CDL from Illinois. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Richard M. Rosales

    Mr. Rosales, 35, has aphakia in his right eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is 20/400, 
and in his left eye, 20/20. Following an examination in 2016, his 
ophthalmologist stated, ``In my professional opinion he has sufficient 
vision to perform the required driving task [sic] to operate a 
commercial vehicle.'' Mr. Rosales reported that he has driven straight 
trucks for 6 years, accumulating 18,720 miles. He holds an operator's 
license from New Mexico. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Jeffrey L. Tanner

    Mr. Tanner, 44, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/100, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``In my 
opinion, Mr. Tanner can safely see to navigate a commercial vehicle.'' 
Mr. Tanner reported that he has driven straight trucks for 2 years, 
accumulating 2,000 miles, and tractor-trailer combinations for 1 year, 
accumulating 7,000 miles. He holds a Class A CDL from Wyoming. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Steve A. Taylor

    Mr. Taylor, 53, has aphakia in his right eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is 20/60, and 
in his left eye, 20/20. Following an examination in 2016, his 
optometrist stated, ``Mr. Taylor has more than adequate vision to 
operate a commercial vehicle.'' Mr. Taylor reported that he has driven 
tractor-trailer combinations for 28 years, accumulating 23,400 miles. 
He holds a Class A CDL from North Carolina. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Donald P. Winters

    Mr. Winters, 63, has had refractive amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/30, and in his left 
eye, 20/50. Following an examination in 2015, his optometrist stated, 
``Based on all of the above information regarding Mr. Winters [sic] 
ocular status, it is my opinion that Mr. Winters does possess 
sufficient vision to operate a commercial vehicle safely and would be 
visually capable of performing any necessary driving tasks required.'' 
Mr. Winters reported that he has driven tractor-trailer combinations 
for 31 years, accumulating 3.88 million miles. He holds a Class A CDL 
from Virginia. His driving record for the last 3 years shows one crash, 
for which he was not at fault and no convictions for moving violations 
in a CMV.

III. Public Participation and Request for Comments

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

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice, indicate the specific section of this document to which each 
comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online or by 
fax, mail, or hand delivery, but please use only one of these means. 
FMCSA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so the 
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
put the docket number FMCSA-2016-0029 in the ``Keyword'' box, and click 
``Search.'' When the new screen appears, click on ``Comment Now!'' 
button and type your comment into the text box in the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit. If you submit your comments by 
mail or hand delivery, submit them in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you 
submit comments by mail and would like to know that they reached the 
facility, please enclose a stamped, self-addressed postcard or 
envelope.
    FMCSA will consider all comments and material received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov and 
insert the docket number FMCSA-2016-0029 in the ``Keyword'' box and 
click ``Search.'' Next, click ``Open Docket Folder'' button and choose 
the document listed to review. If you do not have access to the 
Internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

    Issued on: June 17, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-15221 Filed 6-27-16; 8:45 am]
 BILLING CODE 4910-EX-P
42054 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices

drivers with ITDM from driving CMVs individual reports within 2 business DEPARTMENT OF TRANSPORTATION
in interstate commerce (71 FR 58464; 71 days of occurrence, all episodes of
FR 67201; 80 FR 68895): severe hypoglycemia, significant Federal Motor Carrier Safety
John N. Anderson (MN) complications, or inability to manage Administration
Allan C. Boyum (MN) diabetes; also, any involvement in an
[Docket No. FMCSA–2016–0029]
Terry L. Brantley (NC) accident or any other adverse event in
Steven E. Brechting (MI) a CMV or personal vehicle, whether or Qualification of Drivers; Exemption
Scott A. Carlson (WI) not it is related to an episode of Applications; Vision
Joseph L. Coggins (SC) hypoglycemia; (3) that each individual
Stephanie D. Fry (WY) submit an annual ophthalmologist’s or AGENCY: Federal Motor Carrier Safety
Robert W. Gaultney, Jr. (MD) optometrist’s report; and (4) that each Administration (FMCSA), DOT.
Paul T. Kubish (WI) individual provide a copy of the annual ACTION: Notice of applications for
David M. Levy (NY) medical certification to the employer for exemptions; request for comments.
Sterling C. Madsen (UT) retention in the driver’s qualification
David F. Morin (CA) file, or keep a copy in his/her driver’s SUMMARY: FMCSA announces receipt of
Jeffrey J. Morinelli (NE) qualification file if he/she is self- applications from 23 individuals for
Ronald D. Murphy (WV) employed. The driver must also have a exemption from the vision requirement
Charles B. Page (PA) copy of the certification when driving, in the Federal Motor Carrier Safety
John A. Remaklus (OH) for presentation to a duly authorized Regulations. They are unable to meet
Michael D. Schooler (IN) Federal, State, or local enforcement the vision requirement in one eye for
Arthur L. Stapleton, Jr. (OH) official. Each exemption will be valid various reasons. The exemptions will
Carolyn J. Taylor (IN) for two years unless rescinded earlier by enable these individuals to operate
Jeffrey M. Thew (WA) FMCSA. The exemption will be commercial motor vehicles (CMVs) in
Barney J. Wade (MS) rescinded if: (1) The person fails to interstate commerce without meeting
Dennis D. Wade (IL) comply with the terms and conditions the prescribed vision requirement in
of the exemption; (2) the exemption has one eye. If granted, the exemptions
The drivers were included in Docket
resulted in a lower level of safety than would enable these individuals to
No. FMCSA–2006–2575. Their
was maintained before it was granted; or qualify as drivers of commercial motor
exemptions are effective as of November
(3) continuation of the exemption would vehicles (CMVs) in interstate commerce.
20, 2015 and will expire on November
20, 2017. not be consistent with the goals and DATES: Comments must be received on
As of November 22, 2015, the objectives of 49 U.S.C. 31136(e) and or before July 28, 2016. All comments
following individual, Steven R. Auger 31315. will be investigated by FMCSA. The
(NH), has satisfied the renewal VI. Conclusion exemptions will be issued the day after
conditions for obtaining an exemption the comment period closes.
Based upon its evaluation of the 90
from the rule prohibiting drivers with ADDRESSES: You may submit comments
exemption applications, FMCSA renews
ITDM from driving CMVs in interstate bearing the Federal Docket Management
the exemptions of the aforementioned
commerce (76 FR 63295; 76 FR 76400; System (FDMS) Docket No. FMCSA–
drivers from the rule prohibiting drivers
80 FR 68895). 2016–0029 using any of the following
with ITDM from driving CMVs in
The driver was included in Docket methods:
interstate commerce in 49 CFR
No. FMCSA–2013–0189. The exemption • Federal eRulemaking Portal: Go to
391.64(3).
is effective as of November 22, 2015 and http://www.regulations.gov. Follow the
In accordance with 49 U.S.C. 31136(e)
will expire on November 22, 2017. on-line instructions for submitting
and 31315, each exemption will be valid
Each of these 90 drivers qualifies for comments.
for 2 years unless revoked earlier by
a renewal of the exemption. They have • Mail: Docket Management Facility;
FMCSA. The exemption will be revoked
maintained their required medical U.S. Department of Transportation, 1200
if: (1) The person fails to comply with
monitoring and have not exhibited any New Jersey Avenue SE., West Building
the terms and conditions of the
medical issues that would compromise Ground Floor, Room W12–140,
exemption; (2) the exemption has
their ability to safely operate a CMV Washington, DC 20590–0001.
resulted in a lower level of safety than
during the previous 2-year exemption • Hand Delivery: West Building
was maintained before it was granted; or
period. Ground Floor, Room W12–140, 1200
(3) continuation of the exemption would
These factors provide an adequate New Jersey Avenue SE., Washington,
not be consistent with the goals and
basis for predicting each driver’s ability DC, between 9 a.m. and 5 p.m., Monday
objectives of 49 U.S.C. 31136 and 31315.
to continue to drive safely in interstate If the exemption is still effective at the through Friday, except Federal
commerce. Therefore, FMCSA end of the 2-year period and the drivers Holidays.
concludes that extending the exemption remain in good standing with the • Fax: 1–202–493–2251.
for each of the 90 drivers for a period program, have maintained their required Instructions: Each submission must
of two years is likely to achieve a level medical monitoring, and have not include the Agency name and the
of safety equal to that existing without exhibited any medical issues that would docket numbers for this notice. Note
the exemption. compromise their ability to safely that all comments received will be
posted without change to http://
asabaliauskas on DSK3SPTVN1PROD with NOTICES

V. Conditions and Requirements operate a CMV, they are eligible to
receive a renewal from FMCSA under www.regulations.gov, including any
The exemptions are extended subject procedures in effect at that time. personal information provided. Please
to the following conditions: (1) That see the Privacy Act heading below for
each individual submit a quarterly Issued on: June 20, 2016. further information.
monitoring checklist completed by the Larry W. Minor, Docket: For access to the docket to
treating endocrinologist as well as an Associate Administrator for Policy. read background documents or
annual checklist with a comprehensive [FR Doc. 2016–15222 Filed 6–27–16; 8:45 am] comments, go to http://
medical evaluation; (2) that each BILLING CODE 4910–EX–P www.regulations.gov at any time or

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Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices 42055

Room W12–140 on the ground level of Beallis has sufficient vision to perform John M. Harris
the West Building, 1200 New Jersey the driving tasks required to operate a Mr. Harris, 39, has had optic nerve
Avenue SE., Washington, DC, between 9 commercial vehicle.’’ Mr. Beallis hypoplasia in his left eye since birth.
a.m. and 5 p.m., Monday through reported that he has driven straight The visual acuity in his right eye is 20/
Friday, except Federal holidays. The trucks for 24 years, accumulating 60,000 20, and in his left eye, 20/400.
FDMS is available 24 hours each day, miles. He holds an operator’s license Following an examination in 2016, his
365 days each year. If you want from Illinois. His driving record for the optometrist stated, ‘‘His corrected vision
acknowledgment that we received your last 3 years shows no crashes and no in his OD renders him safe to drive a
comments, please include a self- convictions for moving violations in a commercial vehicle.’’ Mr. Harris
addressed, stamped envelope or CMV. reported that he has driven straight
postcard or print the acknowledgement trucks for 15 years, accumulating
page that appears after submitting Gary A. Brown 105,000 miles, and tractor-trailer
comments on-line. combinations for 4 years, accumulating
Privacy Act: In accordance with 5 Mr. Brown, 70, has had central
chorioretinitis in his left eye since 100,000 miles. He holds an operator’s
U.S.C. 553(c), DOT solicits comments license from Mississippi. His driving
from the public to better inform its childhood. The visual acuity in his right
record for the last 3 years shows no
rulemaking process. DOT posts these eye is 20/20, and in his left eye, 20/200.
crashes and no convictions for moving
comments, without edit, including any Following an examination in 2016, his
violations in a CMV.
personal information the commenter optometrist stated, ‘‘Pt. [sic] has
provides, to www.regulations.gov, as sufficient vision to perform driving Raymond E. Hogue
described in the system of records tasks required to operate a commercial Mr. Hogue, 55, has had ocular
notice (DOT/ALL–14 FDMS), which can vehicle.’’ Mr. Brown reported that he histoplasmosis in his right eye since
be reviewed at www.dot.gov/privacy. has driven straight trucks for 53 years, 2006. The visual acuity in his right eye
FOR FURTHER INFORMATION CONTACT: accumulating 265,000 miles, and is 20/400, and in his left eye, 20/30.
Christine A. Hydock, Chief, Medical tractor-trailer combinations for 39 years, Following an examination in 2016, his
Programs Division, (202) 366–4001, accumulating 195,000 miles. He holds a ophthalmologist stated, ‘‘I believe that
fmcsamedical@dot.gov, FMCSA, Class AM CDL from Pennsylvania. His Raymond, in my medical opinion,
Department of Transportation, 1200 driving record for the last 3 years shows would have sufficient vision to perform
New Jersey Avenue SE., Room W64– no crashes and no convictions for driving tasks required to operate a
113, Washington, DC 20590–0001. moving violations in a CMV. commercial vehicle.’’ Mr. Hogue
Office hours are 8:30 a.m. to 5 p.m., e.t., reported that he has driven straight
Dudley G. Diebold trucks for 8 years, accumulating 40,000
Monday through Friday, except Federal
holidays. If you have questions Mr. Diebold, 75, has a prosthetic left miles, and tractor-trailer combinations
regarding viewing or submitting for 20 years, accumulating 1.3 million
eye due to a traumatic incident in 1981.
material to the docket, contact Docket miles. He holds a Class AM CDL from
The visual acuity in his right eye is 20/
Services, telephone (202) 366–9826. Pennsylvania. His driving record for the
20, and in his left eye, no light
SUPPLEMENTARY INFORMATION: last 3 years shows no crashes and no
perception. Following an examination convictions for moving violations in a
I. Background in 2016, his ophthalmologist stated, CMV.
‘‘The patient has sufficient vision to
Under 49 U.S.C. 31136(e) and 31315, Michael E. Jones
perform a driving test required to
FMCSA may grant an exemption from
operate a commercial vehicle.’’ Mr. Mr. Jones, 53, has a prosthetic right
the Federal Motor Carrier Safety
Diebold reported that he has driven eye due to a traumatic incident in 2010.
Regulations for a 2-year period if it finds
straight trucks for 60 years, The visual acuity in his right eye is no
‘‘such exemption would likely achieve a
level of safety that is equivalent to or accumulating 600,000 miles. He holds a light perception, and in his left eye, 20/
greater than the level that would be Class A CDL from Connecticut. His 15. Following an examination in 2016,
achieved absent such exemption.’’ driving record for the last 3 years shows his optometrist stated, ‘‘His color vision
FMCSA can renew exemptions at the no crashes and no convictions for is not impaired and he should have no
end of each 2-year period. The 23 moving violations in a CMV. visual difficulties performing the
individuals listed in this notice have driving tasks required to operate a
David L. Evers commercial vehicle.’’ Mr. Jones reported
each requested such an exemption from
Mr. Evers, 65, has had amblyopia in that he has driven straight trucks for 4
the vision requirement in 49 CFR
his left eye since childhood. The visual years, accumulating 80,000 miles, and
391.41(b)(10), which applies to drivers
tractor-trailer combinations for 17 years,
of CMVs in interstate commerce. acuity in his right eye is 20/20, and in
accumulating 1.7 million miles. He
Accordingly, the Agency will evaluate his left eye, 20/60. Following an
holds a Class AM CDL from Illinois. His
the qualifications of each applicant to examination in 2016, his optometrist
driving record for the last 3 years shows
determine whether granting an stated, ‘‘In my opinion, David has no crashes and no convictions for
exemption will achieve the required sufficient vision to perform the driving moving violations in a CMV.
level of safety mandated by statute. tasks required to operate a commercial
vehicle.’’ Mr. Evers reported that he has Robert L. Jones
asabaliauskas on DSK3SPTVN1PROD with NOTICES

II. Qualifications of Applicants
driven straight trucks for 18 years, Mr. Jones, 61, has had glaucoma in his
Patrick R. Beallis accumulating 280,800 miles, and left eye since 2000. The visual acuity in
Mr. Beallis, 49, has had refractive tractor-trailer combinations for 29 years, his right eye is 20/20, and in his left eye,
amblyopia in his left eye since accumulating 3.2 million miles. He no light perception. Following an
childhood. The visual acuity in his right holds a Class A CDL from Minnesota. examination in 2015, his
eye is 20/20, and in his left eye, 20/100. His driving record for the last 3 years ophthalmologist stated, ‘‘The patient
Following an examination in 2015, his shows no crashes and no convictions for has successfully driven a commercial
optometrist stated, ‘‘In my opinion, Mr. moving violations in a CMV. vehicle for many years. In the absence

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42056 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices

of any change in his visual function, I Robert C. Martin operate a commercial vehicle.’’ Mr.
see no indication that he could not Mr. Martin, 59, has a prosthetic left Munoz reported that he has driven
continue to do so.’’ Mr. Jones reported eye due to a traumatic incident in 1976. straight trucks for 30 years,
that he has driven straight trucks for 14 The visual acuity in his right eye is 20/ accumulating 660,000 miles, and
years, accumulating 140,000 miles, and 20, and in his left eye, no light tractor-trailer combinations for 30 years,
tractor-trailer combinations for 16 years, perception. Following an examination accumulating 360,000 miles. He holds a
accumulating 960,000 miles. He holds a in 2015, his optometrist stated, ‘‘It is my Class A CDL from New Mexico. His
Class A CDL from Florida. His driving medical opinion that Robert has driving record for the last 3 years shows
record for the last 3 years shows no sufficient vision to perform driving task no crashes and no convictions for
crashes and no convictions for moving [sic] required to operate a commercial moving violations in a CMV.
violations in a CMV. vehicle.’’ Mr. Martin reported that he Frank C. Newberry
Richard A. Kolodziejczyk has driven straight trucks for 34 years,
Mr. Newberry, 57, has complete loss
accumulating 850,000 miles, and
Mr. Kolodziejczyk, 48, has had of vision in his right eye due to a
tractor-trailer combinations for 34 years,
refractive amblyopia in his right eye traumatic incident in 2000. The visual
accumulating 850,000 miles. He holds a
since childhood. The visual acuity in acuity in his right eye is no light
Class A CDL from Washington. His
his right eye is 20/50, and in his left eye, perception, and in his left eye, 20/20.
driving record for the last 3 years shows
20/20. Following an examination in Following an examination in 2016, his
no crashes and no convictions for
2016, his optometrist stated, ‘‘I do optometrist stated, ‘‘He has had no
moving violations in a CMV.
certify that in my medical opinion, changes in his vision which would
Richard does have sufficient vision to Mark. W. Mc Taggart interfere with his driving. He should
[sic], visual skills, and visual-motor Mr. Mc Taggart, 42, has had macular have the same driving capability now as
skills to perform the driving tasks pigment epithelial detachment in his he has had over the past 16 years.’’ Mr.
necessary to operate a commercial left eye since 2011. The visual acuity in Newberry reported that he has driven
vehicle.’’ Mr. Kolodziejczyk reported his right eye is 20/20, and in his left eye, straight trucks for 36 years,
that he has driven straight trucks for 16 20/100. Following an examination in accumulating 75,000 miles. He holds a
years, accumulating 748,800 miles. He 2016, his optometrist stated, ‘‘In my Class A CDL from Idaho. His driving
holds an operator’s license from professional opinion Mark has vision record for the last 3 years shows no
Connecticut. His driving record for the sufficient to operate a commercial crashes and no convictions for moving
last 3 years shows no crashes and no vehicle with no improvement.’’ Mr. Mc violations in a CMV.
convictions for moving violations in a Taggart reported that he has driven Peter J. O’Connell
CMV. straight trucks for 15 years,
accumulating 150,000 miles. He holds a Mr. O’Connell, 40, has a macular hole
Dean A. Lardieri in his right eye due to a traumatic
Class A CDL from Illinois. His driving
Mr. Lardieri, 58, has a macular scar in record for the last 3 years shows no incident in childhood. The visual acuity
his right eye due to a traumatic incident crashes and no convictions for moving in his right eye is 20/200, and in his left
in 1978. The visual acuity in his right violations in a CMV. eye, 20/20. Following an examination in
eye is counting fingers, and in his left 2016, his optometrist stated, ‘‘It is my
eye, 20/20. Following an examination in Hobie S. Morse opinion that given the longstanding
2016, his ophthalmologist stated, ‘‘In Mr. Morse, 21, has complete loss of nature of Peter’s stable ocular injury and
my opinion this patient has sufficient vision in his left eye due to a traumatic his ability to compensate for it for the
vision to perform the driving tasks incident in 2004. The visual acuity in past 30 years, he should possess
required to operate a commercial his right eye is 20/20, and in his left eye, sufficient vision to perform the driving
vehicle.’’ Mr. Lardieri reported that he no light perception. Following an tasks required to operate a commercial
has driven straight trucks for 25 years, examination in 2016, his optometrist vehicle.’’ Mr. O’Connell reported that he
accumulating 437,500 miles. He holds stated, ‘‘It is my professional opinion has driven straight trucks for 9 years,
an operator’s license from New Jersey. that Mr. Morse has sufficient vision to accumulating 374,400 miles. He holds
His driving record for the last 3 years perform the driving tasks required to an operator’s license from Pennsylvania.
shows no crashes and no convictions for operate a commercial vehicle.’’ Mr. His driving record for the last 3 years
moving violations in a CMV. Morse reported that he has driven shows no crashes and no convictions for
straight trucks for 1.5 years, moving violations in a CMV.
Darius R. Law
accumulating 45,000 miles, and tractor- James M. Paul
Mr. Law, 31, has had complete loss of trailer combinations for 1.5 years,
vision in his right eye since 2011. The accumulating 26,000 miles. He holds a Mr. Paul, 64, has had amblyopia in
visual acuity in his right eye is no light Class A CDL from Arkansas. His driving his right eye since childhood. The
perception, and in his left eye, 20/20. record for the last 3 years shows no visual acuity in his right eye is 20/400,
Following an examination in 2016, his crashes and no convictions for moving and in his left eye, 20/20. Following an
ophthalmologist stated, ‘‘In my opinion, violations in a CMV. examination in 2016, his
Darius Law has sufficient vision to ophthalmologist stated, ‘‘U.S.
perform the driving tasks required to Noel Munoz Department of Transportation Vision
operate a commercial vehicle.’’ Mr. Law Mr. Munoz, 59, has had a macular Program . . . In my opinion, Mr. Paul
asabaliauskas on DSK3SPTVN1PROD with NOTICES

reported that he has driven straight scar in his right eye due to central has sufficient vision to perform the
trucks for 3 years, accumulating 12,000 serous retinopathy since 2008. The driving tasks required as has been the
miles, and tractor-trailer combinations visual acuity in his right eye is 20/60, case in the past.’’ Mr. Paul reported that
for 1 year, accumulating 250 miles. He and in his left eye, 20/20. Following an he has driven straight trucks for 41
holds a Class A CDL from Florida. His examination in 2016, his optometrist years, accumulating 738,000 miles, and
driving record for the last 3 years shows stated, ‘‘It is my medical opinion that tractor-trailer combinations for 41 years,
no crashes and no convictions for Noel Munoz has sufficient vision to accumulating 738,000 miles. He holds a
moving violations in a CMV. perform the driving tasks required to Class AMV CDL from Alabama. His

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Document Created: 2016-06-28 00:53:17
Document Modified: 2016-06-28 00:53:17
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of applications for exemptions; request for comments.
Dates		Comments must be received on or before July 28, 2016. All comments will be investigated by FMCSA. The exemptions will be issued the day after the comment period closes.
Contact		Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		81 FR 42054
81 FR 42054 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 124 (June 28, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
