81 FR 59266 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 167 (August 29, 2016)

Page Range		59266-59268
FR Document		2016-20494
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 167 (Monday, August 29, 2016)
[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Pages 59266-59268]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20494]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0033]


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 September 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-2016-0033 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 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

Gregory M. Anderson

    Mr. Anderson, 50, 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, ``Visual field and color testing are normal. Mr. Anderson is 
okay to drive a commercial vehicle.'' Mr. Anderson reported that he has 
driven straight trucks for 12 years, accumulating 156,000 miles. He 
holds an operator's license from New York. His driving record for the 
last 3 years shows 1 crash in a CMV, for which he was not cited, and no 
convictions for moving violations in a CMV.

Richard D. Auger

    Mr. Auger, 53, has had a prosthetic right eye since 1989. 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, 
``Based on my medical opinion, patient has sufficient vision in his 
left eye to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Auger reported that he has driven straight trucks for 33 
years, accumulating 49,500 miles, and tractor-trailer combinations for 
20 years, accumulating 10,000 miles. He holds a Class AM1 CDL from 
California. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Theodore N. Belcher

    Mr. Belcher, 33, has had a cataract 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 2015, 
his optometrist stated, ``Certifies that in my medical opinion, patient 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle: YES he has that opinion from me.'' Mr. Belcher 
reported that he has driven straight trucks for 3 years, accumulating 
46,800 miles, and tractor-trailer combinations for 2 years, 
accumulating 72,000 miles. He holds a Class A CDL from Virginia. His 
driving record for the last 3 years shows 1 crash in a CMV, for which 
he was cited, and

[[Page 59267]]

no convictions for moving violations in a CMV.

Darrin E. Bogert

    Mr. Bogert, 50, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/80, and in his left eye, 20/20. 
Following an examination in 2016, his ophthalmologist stated, ``His 
vision and driving attitude & [sic] history bears out the [sic] he can 
safely operate a commercial vehicle.'' Mr. Bogert reported that he has 
driven straight trucks for 13 years, accumulating 26,000 miles, and 
tractor-trailer combinations for 13 years, accumulating 650,000 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.

Michael S. Buck

    Mr. Buck, 42, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/70, and in his left eye, 20/20. 
Following an examination in 2015, his optometrist stated, ``In my 
professional opinion, Mr. Michael Buck has sufficient vision to perform 
the driving tasks required to operate the commercial vehicle.'' Mr. 
Buck reported that he has driven straight trucks for 10 years, 
accumulating 50,000 miles. He holds an operator's license from Indiana. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Jose D. Chavez

    Mr. Chavez, 45, has complete loss of vision in his 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 2015, his ophthalmologist stated, ``In summary, Mr. 
Chavez demonstrates a visual acuity of 20/20 in his left eye and full 
visual field in his left eye, as well as full color testing for his 
left eye. After speaking with the Federal vision exemption program 
today, Mr. Chavez fulfills their criteria for being able to safely 
operate a commercial vehicle.'' Mr. Chavez reported that he has driven 
straight trucks for 15 years, accumulating 375,000 miles. He holds an 
operator's license from Maryland. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Philip J. Clements

    Mr. Clements, 65, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/125, and in his 
left eye, 20/20. Following an examination in 2016, his optometrist 
stated, ``Philip J Clements [sic] was seen in our office on 3/25/16 for 
his yearly DOT eye exam . . . He has the ability and vision in both 
eyes to perform tasks needed for driving.'' Mr. Clements reported that 
he has driven straight trucks for 5 years, accumulating 125,000 miles, 
tractor-trailer combinations for 10 years, accumulating 750,000 miles. 
He holds a Class ABCD CDL from Wisconsin. His driving record for the 
last 3 years shows 1 crash; for which he was cited for operating in 
excess of height limit, and no convictions for moving violations in a 
CMV.

Alfonso P. Echevarria

    Mr. Echevarria, 38, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/200. Following an examination in 2016, his ophthalmologist 
stated, ``Given the patient's best corrected visual acuity and visual 
field testing results, this patient meets criteria for sufficient 
vision to perform the driving task required to operate a commercial 
vehicle.'' Mr. Echevarria reported that he has driven straight trucks 
for 7 years, accumulating 14,000 miles. He holds an operator's license 
from Georgia. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Samuel R. Graziano

    Mr. Graziano, 54, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/100, and in his 
left eye, 20/20. Following an examination in 2016, his optometrist 
stated, ``In my professional opinion Mr. Graziano has stable visual 
acuity, peripheral vision and sufficient vision to perform the driving 
tasks for a commercial vehicle.'' Mr. Graziano reported that he has 
driven tractor-trailer combinations for 25 years, accumulating 1 
million miles. He holds a Class A CDL from Pennsylvania. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Zagar E. Melvin

    Mr. Melvin, 47, has a retinal detachment in his right eye due to a 
traumatic incident in 2007. 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, ``If this is the case, then in my 
opinion, Mr. Melvin has sufficient vision to operate a commercial 
vehicle.'' Mr. Melvin reported that he has driven straight trucks for 1 
year, accumulating 25,000 miles, and tractor-trailer combinations for 3 
years, accumulating 300,000 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.

George R. Morehouse

    Mr. Morehouse, 70, 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, ``I 
believe he can see well enough to safely operate a commercial motor 
vehicle.'' Mr. Morehouse reported that he has driven straight trucks 
for 35 years, accumulating 175,000 miles, and tractor-trailer 
combinations for 35 years, accumulating 175,000 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.

Robert H. Nelson, III

    Mr. Nelson, 67, has had amblyopia in his right eye since birth. 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, ``In my 
medical opinion, Mr. Nelson has sufficient vision to perform the 
driving tasks required to operate a commercial motor vehicle.'' Mr. 
Nelson reported that he has driven straight trucks for 40 years, 
accumulating 1.4 million miles. He holds an operator's license from 
Virginia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Salvador Sanchez

    Mr. Sanchez, 39, has complete loss of vision in his 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 ophthalmologist stated, ``After thorough 
examination, I conclude that Mr. Sanchez [sic] visual deficiency in the 
right eye is stable and he has sufficient vision in the left eye to 
operate a commercial vehicle.'' Mr. Sanchez reported that he has driven 
straight trucks for 11 years, accumulating 137,500 miles. He holds an 
operator's license from California. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Randal J. Shabloski

    Mr. Shabloski, 41, has had amblyopia in his right eye since 
childhood. The

[[Page 59268]]

visual acuity in his right eye is 20/80, and in his left eye, 20/20. 
Following an examination in 2016, his optometrist stated, ``His 
uncorrected visual acuity had improved to 20/80 OD and continues to be 
20/20 OS. Due to this improvement in his uncorrected visual acuity of 
his right eye I would recommend that you consider a re-evaluation for 
the possibility of Mr. Shabloski to obtain his CDL.'' Mr. Shabloski 
reported that he has driven straight trucks for 20 years, accumulating 
116,000 miles and tractor-trailer combinations for 20 years, 
accumulating 54,000 miles. He holds a Class A CDL from Pennsylvania. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Curtis L. Shannon

    Mr. Shannon, 44, has had congenital coloboma in his left eye since 
birth. The visual acuity in his right eye is 20/30, and in his left 
eye, 20/400. Following an examination in 2016, his optometrist stated, 
``It is my medical opinion that Mr. Curtis meets/exceeds all necessary 
vision test for CDL [sic].'' Mr. Shannon reported that he has driven 
straight trucks for 4 years, accumulating 40,000 miles, and tractor-
trailer combinations for 4 years, accumulating 90,000 miles. He holds 
an operator's license from Minnesota. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Ricardo N. Vargas

    Mr. Vargas, 62, has a macular scar in his left eye since 2000. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/80. 
Following an examination in 2016, his optometrist stated, ``In my 
opinion Ricardo has sufficient vision to perform driving tasks required 
for commercial vehicle [sic].'' Mr. Vargas reported that he has driven 
tractor-trailer combinations for 17 years, accumulating 680,000 miles. 
He holds a Class A CDL from California. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Johnny Watson

    Mr. Watson, 59, 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 2015, 
his ophthalmologist stated, ``The patient has excellent visual acuity 
in his right eye with a full visual field of 120 in the horizontal. I 
think that he has adequate vision to perform any tasks assigned to him. 
The question was posed as to whether or not he could perform the 
driving tasks required to operate a commercial vehicle. Although I feel 
that this is the case, I cannot comment with a certainty as I have 
never personally witnessed the patient operation [sic] a commercial 
vehicle.'' Mr. Watson reported that he has driven straight trucks for 
25 years, accumulating 300,000 miles, and tractor-trailer combinations 
for 15 years, accumulating 120,000 miles. He holds a Class BM CDL from 
Georgia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Harold F. White, Jr.

    Mr. White, 53, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
50. Following an examination in 2016, his optometrist stated, ``It is 
my opinion that he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. White reported that he 
has driven straight trucks for 4 years, accumulating 35,000 miles. He 
holds an operator's license from South Carolina. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

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-2016-0033 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-2016-0033 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.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-20494 Filed 8-26-16; 8:45 am]
 BILLING CODE 4910-EX-P
59266 Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Notices

UP’s filing of a notice of consummation New Jersey Avenue SE., Washington, each requested such an exemption from
by August 29, 2017, and there are no DC, between 9 a.m. and 5 p.m., Monday the vision requirement in 49 CFR
legal or regulatory barriers to through Friday, except Federal 391.41(b)(10), which applies to drivers
consummation, the authority to Holidays. of CMVs in interstate commerce.
abandon will automatically expire. • Fax: 1–202–493–2251. Accordingly, the Agency will evaluate
Board decisions and notices are Instructions: Each submission must the qualifications of each applicant to
available on our Web site at include the Agency name and the determine whether granting an
‘‘WWW.STB.DOT.GOV.’’ docket numbers for this notice. Note exemption will achieve the required
Decided: August 29, 2016. that all comments received will be level of safety mandated by statute.
By the Board, Rachel D. Campbell,
posted without change to http://
II. Qualifications of Applicants
Director, Office of Proceedings. www.regulations.gov, including any
personal information provided. Please Gregory M. Anderson
Tammy Lowery, see the Privacy Act heading below for
Clearance Clerk. Mr. Anderson, 50, has had amblyopia
further information. in his right eye since childhood. The
[FR Doc. 2016–20645 Filed 8–26–16; 8:45 am] Docket: For access to the docket to
visual acuity in his right eye is 20/400,
BILLING CODE 4915–01–P read background documents or
and in his left eye, 20/20. Following an
comments, go to http://
examination in 2016, his
www.regulations.gov at any time or
ophthalmologist stated, ‘‘Visual field
DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of
and color testing are normal. Mr.
the West Building, 1200 New Jersey
Anderson is okay to drive a commercial
Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9
vehicle.’’ Mr. Anderson reported that he
Administration a.m. and 5 p.m., Monday through
has driven straight trucks for 12 years,
Friday, except Federal holidays. The
[Docket No. FMCSA–2016–0033] accumulating 156,000 miles. He holds
FDMS is available 24 hours each day,
an operator’s license from New York.
Qualification of Drivers; Exemption 365 days each year. If you want
His driving record for the last 3 years
Applications; Vision acknowledgment that we received your
shows 1 crash in a CMV, for which he
comments, please include a self-
was not cited, and no convictions for
AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or
moving violations in a CMV.
Administration (FMCSA), DOT. postcard or print the acknowledgement
ACTION: Notice of applications for page that appears after submitting Richard D. Auger
exemptions; request for comments. comments on-line. Mr. Auger, 53, has had a prosthetic
Privacy Act: In accordance with 5 right eye since 1989. The visual acuity
SUMMARY: FMCSA announces receipt of U.S.C. 553(c), DOT solicits comments in his right eye is no light perception,
applications from 18 individuals for from the public to better inform its and in his left eye, 20/20. Following an
exemption from the vision requirement rulemaking process. DOT posts these examination in 2016, his optometrist
in the Federal Motor Carrier Safety comments, without edit, including any stated, ‘‘Based on my medical opinion,
Regulations. They are unable to meet personal information the commenter patient has sufficient vision in his left
the vision requirement in one eye for provides, to www.regulations.gov, as eye to perform the driving tasks
various reasons. The exemptions will described in the system of records required to operate a commercial
enable these individuals to operate notice (DOT/ALL–14 FDMS), which can vehicle.’’ Mr. Auger reported that he has
commercial motor vehicles (CMVs) in be reviewed at www.dot.gov/privacy. driven straight trucks for 33 years,
interstate commerce without meeting FOR FURTHER INFORMATION CONTACT: accumulating 49,500 miles, and tractor-
the prescribed vision requirement in Christine A. Hydock, Chief, Medical trailer combinations for 20 years,
one eye. If granted, the exemptions Programs Division, (202) 366–4001, accumulating 10,000 miles. He holds a
would enable these individuals to fmcsamedical@dot.gov, FMCSA, Class AM1 CDL from California. His
qualify as drivers of commercial motor Department of Transportation, 1200 driving record for the last 3 years shows
vehicles (CMVs) in interstate commerce. New Jersey Avenue SE., Room W64– no crashes and no convictions for
DATES: Comments must be received on 113, Washington, DC 20590–0001. moving violations in a CMV.
or before September 28, 2016. All Office hours are 8:30 a.m. to 5 p.m., e.t.,
comments will be investigated by Monday through Friday, except Federal Theodore N. Belcher
FMCSA. The exemptions will be issued holidays. If you have questions Mr. Belcher, 33, has had a cataract in
the day after the comment period closes. regarding viewing or submitting his right eye due to a traumatic incident
ADDRESSES: You may submit comments material to the docket, contact Docket in childhood. The visual acuity in his
bearing the Federal Docket Management Services, telephone (202) 366–9826. right eye is 20/400, and in his left eye,
System (FDMS) Docket No. FMCSA– SUPPLEMENTARY INFORMATION: 20/20. Following an examination in
2016–0033 using any of the following 2015, his optometrist stated, ‘‘Certifies
methods: I. Background that in my medical opinion, patient has
• Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315, sufficient vision to perform the driving
http://www.regulations.gov. Follow the FMCSA may grant an exemption from tasks required to operate a commercial
on-line instructions for submitting the Federal Motor Carrier Safety vehicle: YES he has that opinion from
comments. Regulations for a 2-year period if it finds me.’’ Mr. Belcher reported that he has
jstallworth on DSK7TPTVN1PROD with NOTICES

• Mail: Docket Management Facility; ‘‘such exemption would likely achieve a driven straight trucks for 3 years,
U.S. Department of Transportation, 1200 level of safety that is equivalent to or accumulating 46,800 miles, and tractor-
New Jersey Avenue SE., West Building greater than the level that would be trailer combinations for 2 years,
Ground Floor, Room W12–140, achieved absent such exemption.’’ accumulating 72,000 miles. He holds a
Washington, DC 20590–0001. FMCSA can renew exemptions at the Class A CDL from Virginia. His driving
• Hand Delivery: West Building end of each 2-year period. The 18 record for the last 3 years shows 1 crash
Ground Floor, Room W12–140, 1200 individuals listed in this notice have in a CMV, for which he was cited, and

VerDate Sep<11>2014 15:27 Aug 26, 2016 Jkt 238001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\29AUN1.SGM 29AUN1
Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Notices 59267

no convictions for moving violations in and in his left eye, 20/20. Following an trucks for 1 year, accumulating 25,000
a CMV. examination in 2016, his optometrist miles, and tractor-trailer combinations
stated, ‘‘Philip J Clements [sic] was seen for 3 years, accumulating 300,000 miles.
Darrin E. Bogert
in our office on 3/25/16 for his yearly He holds a Class A CDL from Georgia.
Mr. Bogert, 50, has had amblyopia in DOT eye exam . . . He has the ability His driving record for the last 3 years
his right eye since birth. The visual and vision in both eyes to perform tasks shows no crashes and no convictions for
acuity in his right eye is 20/80, and in needed for driving.’’ Mr. Clements moving violations in a CMV.
his left eye, 20/20. Following an reported that he has driven straight
examination in 2016, his trucks for 5 years, accumulating 125,000 George R. Morehouse
ophthalmologist stated, ‘‘His vision and miles, tractor-trailer combinations for 10 Mr. Morehouse, 70, has had
driving attitude & [sic] history bears out years, accumulating 750,000 miles. He amblyopia in his left eye since birth.
the [sic] he can safely operate a holds a Class ABCD CDL from The visual acuity in his right eye is 20/
commercial vehicle.’’ Mr. Bogert Wisconsin. His driving record for the 20, and in his left eye, 20/200.
reported that he has driven straight last 3 years shows 1 crash; for which he Following an examination in 2015, his
trucks for 13 years, accumulating 26,000 was cited for operating in excess of optometrist stated, ‘‘I believe he can see
miles, and tractor-trailer combinations height limit, and no convictions for well enough to safely operate a
for 13 years, accumulating 650,000 moving violations in a CMV. commercial motor vehicle.’’ Mr.
miles. He holds a Class AM CDL from Morehouse reported that he has driven
Alfonso P. Echevarria
New York. His driving record for the straight trucks for 35 years,
last 3 years shows no crashes and no Mr. Echevarria, 38, has had amblyopia accumulating 175,000 miles, and
convictions for moving violations in a in his left eye since childhood. The tractor-trailer combinations for 35 years,
CMV. visual acuity in his right eye is 20/20, accumulating 175,000 miles. He holds a
and in his left eye, 20/200. Following an Class A CDL from Minnesota. His
Michael S. Buck examination in 2016, his driving record for the last 3 years shows
Mr. Buck, 42, has had amblyopia in ophthalmologist stated, ‘‘Given the no crashes and no convictions for
his right eye since birth. The visual patient’s best corrected visual acuity moving violations in a CMV.
acuity in his right eye is 20/70, and in and visual field testing results, this
his left eye, 20/20. Following an patient meets criteria for sufficient Robert H. Nelson, III
examination in 2015, his optometrist vision to perform the driving task Mr. Nelson, 67, has had amblyopia in
stated, ‘‘In my professional opinion, Mr. required to operate a commercial his right eye since birth. The visual
Michael Buck has sufficient vision to vehicle.’’ Mr. Echevarria reported that acuity in his right eye is 20/200, and in
perform the driving tasks required to he has driven straight trucks for 7 years, his left eye, 20/20. Following an
operate the commercial vehicle.’’ Mr. accumulating 14,000 miles. He holds an examination in 2016, his optometrist
Buck reported that he has driven operator’s license from Georgia. His stated, ‘‘In my medical opinion, Mr.
straight trucks for 10 years, driving record for the last 3 years shows Nelson has sufficient vision to perform
accumulating 50,000 miles. He holds an no crashes and no convictions for the driving tasks required to operate a
operator’s license from Indiana. His moving violations in a CMV. commercial motor vehicle.’’ Mr. Nelson
driving record for the last 3 years shows reported that he has driven straight
Samuel R. Graziano
no crashes and no convictions for trucks for 40 years, accumulating 1.4
moving violations in a CMV. Mr. Graziano, 54, has had amblyopia million miles. He holds an operator’s
in his right eye since childhood. The license from Virginia. His driving record
Jose D. Chavez visual acuity in his right eye is 20/100, for the last 3 years shows no crashes and
Mr. Chavez, 45, has complete loss of and in his left eye, 20/20. Following an no convictions for moving violations in
vision in his right eye due to a traumatic examination in 2016, his optometrist a CMV.
incident in childhood. The visual acuity stated, ‘‘In my professional opinion Mr.
in his right eye is no light perception, Graziano has stable visual acuity, Salvador Sanchez
and in his left eye, 20/20. Following an peripheral vision and sufficient vision Mr. Sanchez, 39, has complete loss of
examination in 2015, his to perform the driving tasks for a vision in his right eye due to a traumatic
ophthalmologist stated, ‘‘In summary, commercial vehicle.’’ Mr. Graziano incident in childhood. The visual acuity
Mr. Chavez demonstrates a visual acuity reported that he has driven tractor- in his right eye is no light perception,
of 20/20 in his left eye and full visual trailer combinations for 25 years, and in his left eye, 20/20. Following an
field in his left eye, as well as full color accumulating 1 million miles. He holds examination in 2016, his
testing for his left eye. After speaking a Class A CDL from Pennsylvania. His ophthalmologist stated, ‘‘After thorough
with the Federal vision exemption driving record for the last 3 years shows examination, I conclude that Mr.
program today, Mr. Chavez fulfills their no crashes and no convictions for Sanchez [sic] visual deficiency in the
criteria for being able to safely operate moving violations in a CMV. right eye is stable and he has sufficient
a commercial vehicle.’’ Mr. Chavez vision in the left eye to operate a
Zagar E. Melvin
reported that he has driven straight commercial vehicle.’’ Mr. Sanchez
trucks for 15 years, accumulating Mr. Melvin, 47, has a retinal reported that he has driven straight
375,000 miles. He holds an operator’s detachment in his right eye due to a trucks for 11 years, accumulating
license from Maryland. His driving traumatic incident in 2007. The visual 137,500 miles. He holds an operator’s
acuity in his right eye is no light
jstallworth on DSK7TPTVN1PROD with NOTICES

record for the last 3 years shows no license from California. His driving
crashes and no convictions for moving perception, and in his left eye, 20/20. record for the last 3 years shows no
violations in a CMV. Following an examination in 2016, his crashes and no convictions for moving
ophthalmologist stated, ‘‘If this is the violations in a CMV.
Philip J. Clements case, then in my opinion, Mr. Melvin
Mr. Clements, 65, has had amblyopia has sufficient vision to operate a Randal J. Shabloski
in his right eye since childhood. The commercial vehicle.’’ Mr. Melvin Mr. Shabloski, 41, has had amblyopia
visual acuity in his right eye is 20/125, reported that he has driven straight in his right eye since childhood. The

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Document Created: 2016-08-26 23:49:47
Document Modified: 2016-08-26 23:49:47
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 September 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 59266
81 FR 59266 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 167 (August 29, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
