81 FR 45214 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 133 (July 12, 2016)

Page Range		45214-45217
FR Document		2016-16430
FMCSA announces receipt of applications from 18 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 133 (Tuesday, July 12, 2016)
[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Pages 45214-45217]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16430]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0030]


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 18 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 August 11, 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-2016-0030 using any of the 
following methods:

[[Page 45215]]

     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 18 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

Travis A. Beckum

    Mr. Beckum, 29, has had optic atrophy in his right eye since 
childhood. The visual acuity in his right eye is counting fingers, and 
in his left eye, 20/20. Following an examination in 2016, his 
optometrist stated, ``I feel Mr. Beckum is safe to operate a commercial 
motor vehicle given the vision we tested today.'' Mr. Beckum reported 
that he has driven tractor-trailer combinations for 3 years, 
accumulating 79,500 miles. He holds a Class AM CDL from Georgia. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Steve Benton

    Mr. Benton, 53, has had a prosthetic 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 2015, his optometrist stated, 
``I certify that Mr. Steve Benton has sufficient vision to perform the 
driving task required to operate a commercial vehicle.'' Mr. Benton 
reported that he has driven straight trucks for 5 years, accumulating 
75,000 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.

Caleb E. Boulware

    Mr. Boulware, 33, has a prosthetic left eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is 20/20, and 
in his left eye, no light perception. Following an examination in 2016, 
his optometrist stated, ``If the findings submitted are sufficient for 
DOT requirements for CDL [sic] then in my opinion Mr. Boulware has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Boulware reported that he has driven straight 
trucks for 17 years, accumulating 68,000 miles. He holds a Class B CDL 
from Kansas. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

David E. Campbell

    Mr. Campbell, 57, has had exotropia and amblyopia in his left eye 
since childhood. The visual acuity in his right eye is 20/25, and in 
his left eye, 20/400. Following an examination in 2016, his 
ophthalmologist stated that Mr. Campbell does have sufficient vision to 
perform the driving tasks required to operate a CMV. Mr. Campbell 
reported that he has driven straight trucks for 36 years, accumulating 
2.88 million miles, and tractor-trailer combinations for 36 years, 
accumulating 3.24 million miles. He holds a Class AM CDL from New York. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

James G. Cothren

    Mr. Cothren, 49, has had a prosthetic right eye since birth. The 
visual acuity in his right eye is no light perception, and in his left 
eye, 20/20. Following an examination in 2016, his optometrist stated, 
``In my opinion, this patient has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Cothren 
reported that he has driven straight trucks for 5 years, accumulating 
125,000 miles, and tractor-trailer combinations for 20 years, 
accumulating 2 million miles. He holds a Class A CDL from Georgia. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Nenad Harnos

    Mr. Harnos, 41, has a corneal scar in his left eye due to a 
traumatic incident in 2000. 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, ``His right eye meets all criteria for a 
CDL.'' Mr. Harnos reported that he has driven straight trucks for 3 
years, accumulating 195,000 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.

Matthew D. Hormann

    Mr. Hormann, 41, has a retinal scar in his right eye due to a 
traumatic incident in 1992. The visual acuity in his right

[[Page 45216]]

eye is counting fingers, and in his left eye, 20/20. Following an 
examination in 2016, his optometrist stated, ``I feel with Matts [sic] 
record of driving and his past 24 years of driving with this central 
vision loss OD he should qualify for an exemption and be given a CDL 
certificate.'' Mr. Hormann reported that he has driven straight trucks 
for 25 years, accumulating 27,500 miles, and tractor-trailer 
combinations for 22 years, accumulating 220,000 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.

James W. Jones

    Mr. Jones, 63, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/70, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``I do 
not believe that Mr. Jones [sic] vision will affect his ability to 
operate a commercial vehicle especially since his visual field is full 
and left eye is correctable to 20/20.'' Mr. Jones reported that he has 
driven straight trucks for 37 years, accumulating 550,000 miles, and 
tractor-trailer combinations for 18 years, accumulating 540,000 miles. 
He holds an operator's license from Alabama. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Louis M. Jones

    Mr. Jones, 40, has a prosthetic left eye due to a traumatic 
incident in 2006. 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 the criteria necessary to operate a 
commercial motor vehicle by the Federal Motor Carrier Safety 
Administration, it is my medical opinion that Mr. Jones meets the 
requirements in the right eye.'' Mr. Jones reported that he has driven 
straight trucks for 3 years, accumulating 150,000 miles. He holds a 
chauffer's license from Louisiana. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Duane R. Martin

    Mr. Martin, 53, has a prosthetic right eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/20. Following an examination in 
2016, his optometrist stated, ``My medical opinion is that Mr. Duane 
Martin has sufficient vision in his left eye to perform the driving 
tasks required to operate his commercial vehicle.'' Mr. Martin reported 
that he has driven straight trucks for 20 years, accumulating 600,000 
miles, and tractor-trailer combinations for 4 years, accumulating 
100,000 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.

Roger S. Orr

    Mr. Orr, 49, has a cataract 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, ``At this time, I do feel that Roger Orr has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Orr reported that he has driven straight 
trucks for 6 years, accumulating 138,000 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.

Johnny A. Peery, Jr.

    Mr. Peery, 50, has had a prosthetic left eye since 2001. The visual 
acuity in his right eye is 20/25, and in his left eye, no light 
perception. Following an examination in 2015, his optometrist stated, 
``Pt [sic] has sufficient vision to operate a commercial vehicle.'' Mr. 
Peery reported that he has driven straight trucks for 31 years, 
accumulating 620,000 miles, and tractor-trailer combinations for 31 
years, accumulating 775,000 miles. He holds a Class AM CDL from 
Maryland. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

J.W. Ray

    Mr. Ray, 72, has a retinal scar in his left eye due to a traumatic 
incident in 1953. 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, ``In my medical opinion Mr. Ray has the visual capability to 
operate a commercial vehicle.'' Mr. Ray reported that he has driven 
tractor-trailer combinations for 40 years, accumulating 1.81 million 
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.

Richard D. Shryock

    Mr. Shryock, 48, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2016, his ophthalmologist stated, ``I 
certify in my medical opinion that Mr. Shryock has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Shryock reported that he has driven straight trucks for 30 years, 
accumulating 900,000 miles, and tractor-trailer combinations for 24 
years, accumulating 1.68 million miles. He holds a Class A CDL from 
Missouri. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Steven D. Sodders

    Mr. Sodders, 64, has had complete loss of vision in his right eye 
since 2009 due to melanoma. 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, the patient has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Sodders reported that he has driven straight 
trucks for 37 years, accumulating 426,240 miles. He holds an operator's 
license from Ohio. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Jerry M. Stearns, Jr.

    Mr. Stearns, 34, has had a central scotoma in his left eye since 
2008. The visual acuity in his right eye is 20/15, and in his left eye, 
counting fingers. Following an examination in 2016, his optometrist 
stated, ``Mr. Stearns has sufficient vision and visual fields to 
operate a commercial vehicle.'' Mr. Stearns, reported that he has 
driven straight trucks for 18 years, accumulating 540,000 miles. He 
holds an operator's license from Arkansas. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Keith R. Tyler

    Mr. Tyler, 40, has had panuveitis in his left eye since childhood. 
The visual acuity in his right eye is 20/15, and in his left eye, no 
light perception. Following an examination in 2015, his ophthalmologist 
stated, ``I certify in my medical opinion that Mr. Keith Tyler has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Tyler reported that he has driven buses for 
19 years, accumulating 190,000 miles. He holds a Class B CDL from North 
Carolina. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

[[Page 45217]]

James L. Yingst

    Mr. Yingst, 53, has had blindness 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 2015, his optometrist stated, ``After performing a visual 
examination of Mr. Yingst it is in my professional opinion he is 
visually able to safely operate a commercial vehicle.'' Mr. Yingst 
reported that he has driven tractor-trailer combinations for 30 years, 
accumulating 360,000 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.

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-2016-0030 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-2016-0030 in the ``Keyword'' box and 
click ``Search.'' Next, click ``Open DocketFolder'' 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 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-16430 Filed 7-11-16; 8:45 am]
BILLING CODE 4910-EX-P
45214 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices

hypoglycemic episodes in the past 5 medical examination; and (4) that each Hugh S. Wacker (IL)
years. In each case, an endocrinologist individual provide a copy of the annual Kristopher L. Ward (WI)
verified that the driver has medical certification to the employer for David C. Wheat (TX)
demonstrated a willingness to properly retention in the driver’s qualification William R. White (MI)
monitor and manage his/her diabetes file, or keep a copy in his/her driver’s Curtis L. Worsfold (NE)
mellitus, received education related to qualification file if he/she is self- Jason D. Zagorski (NC)
In accordance with 49 U.S.C. 31136(e)
diabetes management, and is on a stable employed. The driver must also have a
and 31315 each exemption is valid for
insulin regimen. These drivers report no copy of the certification when driving,
two years unless revoked earlier by
other disqualifying conditions, for presentation to a duly authorized
FMCSA. The exemption will be revoked
including diabetes-related Federal, State, or local enforcement
if the following occurs: (1) The person
complications. Each meets the vision official.
fails to comply with the terms and
requirement at 49 CFR 391.41(b)(10).
VII. Conclusion conditions of the exemption; (2) the
The qualifications and medical
Based upon its evaluation of the 55 exemption has resulted in a lower level
condition of each applicant were stated
exemption applications, FMCSA of safety than was maintained before it
and discussed in detail in the December
exempts the following drivers from the was granted; or (3) continuation of the
29, 2015, Federal Register notice and
exemption would not be consistent with
they will not be repeated in this notice. diabetes requirement in 49 CFR
the goals and objectives of 49 U.S.C.
391.41(b)(10), subject to the
IV. Discussion of Comments 31136(e) and 31315. If the exemption is
requirements cited above 49 CFR
FMCSA received no comments in this still effective at the end of the 2-year
391.64(b)).
proceeding. period, the person may apply to FMCSA
William G. Adams (CA) for a renewal under procedures in effect
V. Basis for Exemption Determination Elmer W. Barrall (DE) at that time.
Earl Bland (MO)
Under 49 U.S.C. 31136(e) and 31315, Issued on: July 5, 2016.
Richard W. Bostwick, II (MA)
FMCSA may grant an exemption from Kevin Bracken (PA) Larry W. Minor,
the diabetes requirement in 49 CFR Donald L. Callahan (KY) Associate Administrator for Policy.
391.41(b)(3) if the exemption is likely to Mark A. Carlson (MI) [FR Doc. 2016–16428 Filed 7–11–16; 8:45 am]
achieve an equivalent or greater level of Charles W. Clark (TX) BILLING CODE 4910–EX–P
safety than would be achieved without Korey D. Clark (MI)
the exemption. The exemption allows Michael A. Craig (NC)
the applicants to operate CMVs in Roderick E. Dean (NJ) DEPARTMENT OF TRANSPORTATION
interstate commerce. Mary K. Dillon (PA)
To evaluate the effect of these Eugene N. Dirl (PA) Federal Motor Carrier Safety
exemptions on safety, FMCSA Kevin F. Dykes (MA) Administration
considered medical reports about the Richard L. Engle (KY) [Docket No. FMCSA–2016–0030]
applicants’ ITDM and vision, and Christopher J. Frank (NY)
reviewed the treating endocrinologists’ Matthew E. Fry (KS) Qualification of Drivers; Exemption
medical opinion related to the ability of Al Glover, Jr. (LA) Applications; Vision
the driver to safely operate a CMV while Jimmy H. Goacher (NC)
using insulin. Jim B. Gonzalez (OR) AGENCY: Federal Motor Carrier Safety
Consequently, FMCSA finds that in Nathaniel K. Hamilton (TX) Administration (FMCSA), DOT.
each case exempting these applicants Michael D. Henry (OH) ACTION: Notice of applications for
from the diabetes requirement in 49 CFR Douglas E. Hensley (MO) exemptions; request for comments.
391.41(b)(3) is likely to achieve a level Jon C. Hicks (PA)
of safety equal to that existing without SUMMARY: FMCSA announces receipt of
Kevin F. Hoffman (PA) applications from 18 individuals for
the exemption. Jerry A. Huffman (NC) exemption from the vision requirement
VI. Conditions and Requirements Daurell A. Jones (MD)
in the Federal Motor Carrier Safety
Larry C. Krueger (NE)
The terms and conditions of the Regulations. They are unable to meet
Chad M. Kuck (AK)
exemption will be provided to the the vision requirement in one eye for
Stephen B. Lenhart (OH)
applicants in the exemption document various reasons. The exemptions will
Donald R. Leonard, Jr. (NH)
and they include the following: (1) That enable these individuals to operate
Jack D. McAlister (NH)
each individual submit a quarterly commercial motor vehicles (CMVs) in
John K. Moorhead (KY)
monitoring checklist completed by the Sandra R. Moultrie (GA) interstate commerce without meeting
treating endocrinologist as well as an John M. Olmstead (IN) the prescribed vision requirement in
annual checklist with a comprehensive Dustin M. Parker (VT) one eye. If granted, the exemptions
medical evaluation; (2) that each Patrick E. Patch (NY) would enable these individuals to
individual reports within 2 business Howard L. Peacock (KS) qualify as drivers of commercial motor
days of occurrence, all episodes of Carl F. Piekenbrock, Jr. (PA) vehicles (CMVs) in interstate commerce.
severe hypoglycemia, significant Chauncey W. Pittman (IN) DATES: Comments must be received on
complications, or inability to manage William Raben (GA) or before August 11, 2016. All
diabetes; also, any involvement in an James E. Richardson (NY) comments will be investigated by
mstockstill on DSK3G9T082PROD with NOTICES

accident or any other adverse event in Gerald C. Rosencrans (PA) FMCSA. The exemptions will be issued
a CMV or personal vehicle, whether or Henry J. Russo (NJ) the day after the comment period closes.
not it is related to an episode of Richard G. Schumann (NJ) ADDRESSES: You may submit comments
hypoglycemia; (3) that each individual Jefferson L. Smith (MA) bearing the Federal Docket Management
provide a copy of the ophthalmologist’s Troy T. Sunnarborg (MN) System (FDMS) Docket No. FMCSA–
or optometrist’s report to the medical Ohnedaruth M. Swain, Sr. (PA) 2016–0030 using any of the following
examiner at the time of the annual George W. Toro (NY) methods:

VerDate Sep<11>2014 18:30 Jul 11, 2016 Jkt 238001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\12JYN1.SGM 12JYN1
Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices 45215

• Federal eRulemaking Portal: Go to I. Background vision to perform the driving tasks
http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, required to operate a commercial
on-line instructions for submitting FMCSA may grant an exemption from vehicle.’’ Mr. Boulware reported that he
comments. the Federal Motor Carrier Safety has driven straight trucks for 17 years,
• Mail: Docket Management Facility; Regulations for a 2-year period if it finds accumulating 68,000 miles. He holds a
U.S. Department of Transportation, 1200 ‘‘such exemption would likely achieve a Class B CDL from Kansas. His driving
New Jersey Avenue SE., West Building level of safety that is equivalent to or record for the last 3 years shows no
Ground Floor, Room W12–140, greater than the level that would be crashes and no convictions for moving
Washington, DC 20590–0001. achieved absent such exemption.’’ violations in a CMV.
• Hand Delivery: West Building FMCSA can renew exemptions at the David E. Campbell
Ground Floor, Room W12–140, 1200 end of each 2-year period. The 18
Mr. Campbell, 57, has had exotropia
New Jersey Avenue SE., Washington, individuals listed in this notice have
and amblyopia in his left eye since
DC, between 9 a.m. and 5 p.m., Monday each requested such an exemption from
childhood. The visual acuity in his right
through Friday, except Federal the vision requirement in 49 CFR
eye is 20/25, and in his left eye, 20/400.
Holidays. 391.41(b)(10), which applies to drivers
Following an examination in 2016, his
• Fax: 1–202–493–2251. of CMVs in interstate commerce.
ophthalmologist stated that Mr.
Accordingly, the Agency will evaluate
Instructions: Each submission must Campbell does have sufficient vision to
the qualifications of each applicant to
include the Agency name and the perform the driving tasks required to
determine whether granting an
docket numbers for this notice. Note operate a CMV. Mr. Campbell reported
exemption will achieve the required
that all comments received will be that he has driven straight trucks for 36
level of safety mandated by statute.
posted without change to http:// years, accumulating 2.88 million miles,
www.regulations.gov, including any II. Qualifications of Applicants and tractor-trailer combinations for 36
personal information provided. Please years, accumulating 3.24 million miles.
Travis A. Beckum
see the Privacy Act heading below for He holds a Class AM CDL from New
further information. Mr. Beckum, 29, has had optic York. His driving record for the last 3
atrophy in his right eye since childhood. years shows no crashes and no
Docket: For access to the docket to
The visual acuity in his right eye is convictions for moving violations in a
read background documents or
counting fingers, and in his left eye, 20/ CMV.
comments, go to http://
20. Following an examination in 2016,
www.regulations.gov at any time or James G. Cothren
his optometrist stated, ‘‘I feel Mr.
Room W12–140 on the ground level of
Beckum is safe to operate a commercial Mr. Cothren, 49, has had a prosthetic
the West Building, 1200 New Jersey
motor vehicle given the vision we tested right eye since birth. The visual acuity
Avenue SE., Washington, DC, between 9
today.’’ Mr. Beckum reported that he in his right eye is no light perception,
a.m. and 5 p.m., Monday through
has driven tractor-trailer combinations and in his left eye, 20/20. Following an
Friday, except Federal holidays. The
for 3 years, accumulating 79,500 miles. examination in 2016, his optometrist
FDMS is available 24 hours each day,
He holds a Class AM CDL from Georgia. stated, ‘‘In my opinion, this patient has
365 days each year. If you want
His driving record for the last 3 years sufficient vision to perform the driving
acknowledgment that we received your
shows no crashes and no convictions for tasks required to operate a commercial
comments, please include a self-
moving violations in a CMV. vehicle.’’ Mr. Cothren reported that he
addressed, stamped envelope or
has driven straight trucks for 5 years,
postcard or print the acknowledgement Steve Benton
accumulating 125,000 miles, and
page that appears after submitting Mr. Benton, 53, has had a prosthetic tractor-trailer combinations for 20 years,
comments on-line. left eye since childhood. The visual accumulating 2 million miles. He holds
Privacy Act: In accordance with 5 acuity in his right eye is 20/20, and in a Class A CDL from Georgia. His driving
U.S.C. 553(c), DOT solicits comments his left eye, no light perception. record for the last 3 years shows no
from the public to better inform its Following an examination in 2015, his crashes and no convictions for moving
rulemaking process. DOT posts these optometrist stated, ‘‘I certify that Mr. violations in a CMV.
comments, without edit, including any Steve Benton has sufficient vision to
personal information the commenter perform the driving task required to Nenad Harnos
provides, to www.regulations.gov, as operate a commercial vehicle.’’ Mr. Mr. Harnos, 41, has a corneal scar in
described in the system of records Benton reported that he has driven his left eye due to a traumatic incident
notice (DOT/ALL–14 FDMS), which can straight trucks for 5 years, accumulating in 2000. The visual acuity in his right
be reviewed at www.dot.gov/privacy. 75,000 miles. He holds an operator’s eye is 20/20, and in his left eye,
FOR FURTHER INFORMATION CONTACT:
license from Texas. His driving record counting fingers. Following an
Christine A. Hydock, Chief, Medical for the last 3 years shows no crashes and examination in 2016, his optometrist
Programs Division, (202) 366–4001, no convictions for moving violations in stated, ‘‘His right eye meets all criteria
fmcsamedical@dot.gov, FMCSA, a CMV. for a CDL.’’ Mr. Harnos reported that he
Department of Transportation, 1200 has driven straight trucks for 3 years,
Caleb E. Boulware
New Jersey Avenue SE., Room W64– accumulating 195,000 miles. He holds
Mr. Boulware, 33, has a prosthetic left an operator’s license from New Jersey.
113, Washington, DC 20590–0001. eye due to a traumatic incident in
mstockstill on DSK3G9T082PROD with NOTICES

Office hours are 8:30 a.m. to 5 p.m., e.t., His driving record for the last 3 years
childhood. The visual acuity in his right shows no crashes and no convictions for
Monday through Friday, except Federal eye is 20/20, and in his left eye, no light
holidays. If you have questions moving violations in a CMV.
perception. Following an examination
regarding viewing or submitting in 2016, his optometrist stated, ‘‘If the Matthew D. Hormann
material to the docket, contact Docket findings submitted are sufficient for Mr. Hormann, 41, has a retinal scar in
Services, telephone (202) 366–9826. DOT requirements for CDL [sic] then in his right eye due to a traumatic incident
SUPPLEMENTARY INFORMATION: my opinion Mr. Boulware has sufficient in 1992. The visual acuity in his right

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45216 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices

eye is counting fingers, and in his left required to operate his commercial his left eye, 20/20. Following an
eye, 20/20. Following an examination in vehicle.’’ Mr. Martin reported that he examination in 2016, his
2016, his optometrist stated, ‘‘I feel with has driven straight trucks for 20 years, ophthalmologist stated, ‘‘I certify in my
Matts [sic] record of driving and his past accumulating 600,000 miles, and medical opinion that Mr. Shryock has
24 years of driving with this central tractor-trailer combinations for 4 years, sufficient vision to perform the driving
vision loss OD he should qualify for an accumulating 100,000 miles. He holds a tasks required to operate a commercial
exemption and be given a CDL Class AM CDL from Pennsylvania. His vehicle.’’ Mr. Shryock reported that he
certificate.’’ Mr. Hormann reported that driving record for the last 3 years shows has driven straight trucks for 30 years,
he has driven straight trucks for 25 no crashes and no convictions for accumulating 900,000 miles, and
years, accumulating 27,500 miles, and moving violations in a CMV. tractor-trailer combinations for 24 years,
tractor-trailer combinations for 22 years, accumulating 1.68 million miles. He
accumulating 220,000 miles. He holds a Roger S. Orr holds a Class A CDL from Missouri. His
Class A CDL from Minnesota. His Mr. Orr, 49, has a cataract in his left driving record for the last 3 years shows
driving record for the last 3 years shows eye due to a traumatic incident in no crashes and no convictions for
no crashes and no convictions for childhood. The visual acuity in his right moving violations in a CMV.
moving violations in a CMV. eye is 20/20, and in his left eye,
Steven D. Sodders
counting fingers. Following an
James W. Jones Mr. Sodders, 64, has had complete
examination in 2016, his optometrist
Mr. Jones, 63, has had amblyopia in stated, ‘‘At this time, I do feel that Roger loss of vision in his right eye since 2009
his right eye since childhood. The Orr has sufficient vision to perform the due to melanoma. The visual acuity in
visual acuity in his right eye is 20/70, driving tasks required to operate a his right eye is no light perception, and
and in his left eye, 20/20. Following an commercial vehicle.’’ Mr. Orr reported in his left eye, 20/20. Following an
examination in 2016, his optometrist that he has driven straight trucks for 6 examination in 2016, his
stated, ‘‘I do not believe that Mr. Jones years, accumulating 138,000 miles. He ophthalmologist stated, ‘‘In my opinion,
[sic] vision will affect his ability to holds a Class A CDL from Iowa. His the patient has sufficient vision to
operate a commercial vehicle especially driving record for the last 3 years shows perform the driving tasks required to
since his visual field is full and left eye no crashes and no convictions for operate a commercial vehicle.’’ Mr.
is correctable to 20/20.’’ Mr. Jones moving violations in a CMV. Sodders reported that he has driven
reported that he has driven straight straight trucks for 37 years,
trucks for 37 years, accumulating Johnny A. Peery, Jr. accumulating 426,240 miles. He holds
550,000 miles, and tractor-trailer Mr. Peery, 50, has had a prosthetic left an operator’s license from Ohio. His
combinations for 18 years, accumulating eye since 2001. The visual acuity in his driving record for the last 3 years shows
540,000 miles. He holds an operator’s right eye is 20/25, and in his left eye, no crashes and no convictions for
license from Alabama. His driving no light perception. Following an moving violations in a CMV.
record for the last 3 years shows no examination in 2015, his optometrist
Jerry M. Stearns, Jr.
crashes and no convictions for moving stated, ‘‘Pt [sic] has sufficient vision to
violations in a CMV. operate a commercial vehicle.’’ Mr. Mr. Stearns, 34, has had a central
Peery reported that he has driven scotoma in his left eye since 2008. The
Louis M. Jones visual acuity in his right eye is 20/15,
straight trucks for 31 years,
Mr. Jones, 40, has a prosthetic left eye accumulating 620,000 miles, and and in his left eye, counting fingers.
due to a traumatic incident in 2006. The tractor-trailer combinations for 31 years, Following an examination in 2016, his
visual acuity in his right eye is 20/20, accumulating 775,000 miles. He holds a optometrist stated, ‘‘Mr. Stearns has
and in his left eye, no light perception. Class AM CDL from Maryland. His sufficient vision and visual fields to
Following an examination in 2016, his driving record for the last 3 years shows operate a commercial vehicle.’’ Mr.
optometrist stated, ‘‘Based on the no crashes and no convictions for Stearns, reported that he has driven
criteria necessary to operate a moving violations in a CMV. straight trucks for 18 years,
commercial motor vehicle by the accumulating 540,000 miles. He holds
Federal Motor Carrier Safety J.W. Ray an operator’s license from Arkansas. His
Administration, it is my medical Mr. Ray, 72, has a retinal scar in his driving record for the last 3 years shows
opinion that Mr. Jones meets the left eye due to a traumatic incident in no crashes and no convictions for
requirements in the right eye.’’ Mr. 1953. The visual acuity in his right eye moving violations in a CMV.
Jones reported that he has driven is 20/20, and in his left eye, 20/200.
Keith R. Tyler
straight trucks for 3 years, accumulating Following an examination in 2016, his
150,000 miles. He holds a chauffer’s optometrist stated, ‘‘In my medical Mr. Tyler, 40, has had panuveitis in
license from Louisiana. His driving opinion Mr. Ray has the visual his left eye since childhood. The visual
record for the last 3 years shows no capability to operate a commercial acuity in his right eye is 20/15, and in
crashes and no convictions for moving vehicle.’’ Mr. Ray reported that he has his left eye, no light perception.
violations in a CMV. driven tractor-trailer combinations for Following an examination in 2015, his
40 years, accumulating 1.81 million ophthalmologist stated, ‘‘I certify in my
Duane R. Martin medical opinion that Mr. Keith Tyler
miles. He holds a Class A CDL from
Mr. Martin, 53, has a prosthetic right Idaho. His driving record for the last 3 has sufficient vision to perform the
eye due to a traumatic incident in driving tasks required to operate a
mstockstill on DSK3G9T082PROD with NOTICES

years shows no crashes and no
childhood. The visual acuity in his right convictions for moving violations in a commercial vehicle.’’ Mr. Tyler reported
eye is no light perception, and in his left CMV. that he has driven buses for 19 years,
eye, 20/20. Following an examination in accumulating 190,000 miles. He holds a
2016, his optometrist stated, ‘‘My Richard D. Shryock Class B CDL from North Carolina. His
medical opinion is that Mr. Duane Mr. Shryock, 48, has had amblyopia driving record for the last 3 years shows
Martin has sufficient vision in his left in his right eye since birth. The visual no crashes and no convictions for
eye to perform the driving tasks acuity in his right eye is 20/400, and in moving violations in a CMV.

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Document Created: 2016-07-12 01:59:41
Document Modified: 2016-07-12 01:59:41
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 August 11, 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 45214
81 FR 45214 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 133 (July 12, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
