81 FR 70248 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 196 (October 11, 2016)

Page Range		70248-70251
FR Document		2016-24465
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 196 (Tuesday, October 11, 2016)
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70248-70251]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24465]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0207]


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 November 10, 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-2016-0207 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://

[[Page 70249]]

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: Ms. 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

Joshua A. Akshar

    Mr. Akshar, 22, 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 2016, his optometrist stated, ``In my 
medical opinion, Joshua Akshar has sufficient visual acuity and field 
of vision to perform the driving tasks to operate a commercial 
vehicle.'' Mr. Akshar reported that he has driven straight trucks for 3 
years, accumulating 10,200 miles. He holds a Class B CDL from New York. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Elijah A. Allen, Jr.

    Mr. Allen, 52, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2016, his optometrist stated, ``It is 
my medical opinion that he has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Allen reported 
that he has driven straight trucks for 8 years, accumulating 320,000 
miles, tractor-trailer combinations for 25 years, accumulating 2 
million miles, and buses for 1 year, accumulating 2,600 miles. He holds 
a Class A CDL from Arkansas. His driving record for the last 3 years 
shows no crashes and one conviction for a moving violation in a CMV; he 
exceeded the speed limit by 10 miles per hour (mph).

Tanner H. Brooks

    Mr. Brooks, 21, has had amblyopia in his right eye since birth. 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, ``It is my 
opinion that his vision will enable him to safely operate a commercial 
vehicle.'' Mr. Brooks reported that he has driven tractor-trailer 
combinations for 3 years, accumulating 24,000 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.

Brian E. Broux

    Mr. Broux, 49, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/25, and in his left eye, 20/
50. Following an examination in 2016, his optometrist stated, ``In my 
opinion, Mr. Broux's vision is sufficient to operate a commercial motor 
vehicle.'' Mr. Broux reported that he has driven straight trucks for 11 
years, accumulating 143,000 miles. He holds a Class BM1 CDL from 
California. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Alvin J. Dannenmann

    Mr. Dannenmann, 50, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/25, and in his left 
eye, 20/60. Following an examination in 2016, his optometrist stated, 
``In my professional opinion Mr [sic] Dannenmann has sufficient to 
[sic] vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Dannenmann reported that he has driven 
straight trucks for 30 years, accumulating 2.34 million miles, and 
tractor-trailer combinations for 30 years, accumulating 450,000 miles. 
He holds an operator's license from Delaware. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Wayne L. Dorbert

    Mr. Dorbert, 58, has had exotropia in his right eye due to 
amblyopia since childhood. The visual acuity in his right eye is 20/40, 
and in his left eye, 20/20. Following an examination in 2016, his 
optometrist stated, ``Visual ability and acuity are stable and 
sufficient to operate a commercial vehicle.'' Mr. Dorbert reported that 
he has driven buses for 6 years, accumulating 61,500 miles. He holds a 
Class B CDL from Pennsylvania. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Roger D. Ellsworth Jr.

    Mr. Ellsworth, 44, has hypoexotropia in his left eye since birth. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
40. Following an examination in 2016, his optometrist stated, ``In my 
opinion, Mr. Ellsworth has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle, with his optical 
correction.'' Mr. Ellsworth reported that he has driven straight trucks 
for 14 years, accumulating 364,000 miles. He holds an operator's 
license from North Carolina. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Gregory L. Frisch

    Mr. Frisch, 48, has had complete loss of vision in his left eye 
since childhood. The visual acuity in his right eye is 20/20, and in 
his left eye, no light perception. Following an examination in 2016, 
his optometrist stated, ``I believe he has sufficient vision to perform 
the driving tasks that require operating a commercial or passenger 
vehicle.'' Mr. Frisch reported that he has driven straight trucks for 
15 years,

[[Page 70250]]

accumulating 90,000 miles, tractor-trailer combinations for 15 years, 
accumulating 60,000 miles, and buses for 10 years, accumulating 50,000 
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.

Josh Gallant Jr.

    Mr. Gallant, 68, has had a retinal detachment in his right eye 
since 1992. 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 his vision and ocular health should not 
[sic] prevent him from being able to operate a commercial vehicle.'' 
Mr. Gallant reported that he has driven straight trucks for 22 years, 
accumulating 2.34 million miles. He holds a Class B CDL from South 
Carolina. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

John P. Grum

    Mr. Grum, 45, has 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 
medical opinion I feel John has more than sufficient vision to continue 
to operate a commercial vehicle.'' Mr. Grum reported that he has driven 
straight trucks for 20 years, accumulating 600,000 miles, and tractor-
trailer combinations for 20 years, accumulating 1 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.

Dillon L. Hendren

    Mr. Hendren, 28, 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 2016, his optometrist stated, ``Since Mr. 
Hendren's visual fields are much greater than the required field in 
each eye, he should be considered visually competent to operate a 
commercial vehicle.'' Mr. Hendren reported that he has driven straight 
trucks for 9 years, accumulating 142,659 miles. He holds an operator's 
license from South Carolina. His driving record for the last 3 years 
shows one crash; he was cited for spillage of load/improper load 
secure.

Roger E. Kadolph

    Mr. Kadolph, 63, has a macular scar in his left eye since 1952. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/200. 
Following an examination in 2016, his ophthalmologist stated, ``In 
short, the history and examination was consistent with a history of 
very early cataract formation along with a macular scar rendering 
decreased central visual acuity with no changes in the peripheral 
vision in both eyes . . . In regards to his exam, again everything has 
been unchanged and he should be strongly considered for a waiver for 
this CDL as nothing has been altered here in the last many years.'' Mr. 
Kadolph reported that he has driven straight trucks for 45 years, 
accumulating 45,000 miles, tractor-trailer combinations for 24 years, 
accumulating 120,000 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.

Jay D. May

    Mr. May, 36, has had amblyopia in his left eye since childhood. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/200. 
Following an examination in 2016, his optometrist stated, ``Jay's 
vision is sufficient to drive a commercial vehicle.'' Mr. May reported 
that he has driven straight trucks for 11 years, accumulating 5,500 
miles, tractor-trailer combinations for 11 years, accumulating 495,000 
miles. He holds a Class A CDL from Colorado. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Tracy L. Neal

    Mr. Neal, 49, has had optic atrophy in his right eye due to a 
traumatic incident in 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, ``It is my medical opinion that Mr. Neal has 
sufficient vision to perform safe driving tasks required to operate a 
commercial vehicle.'' Mr. Neal reported that he has driven tractor-
trailer combinations for 26 years, accumulating 2.6 million miles. He 
holds an operator's license from Michigan. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Edward P. Paloskey Jr.

    Mr. Paloskey, 56, has retinal scar in his left eye due to an 
electromagnetic foreign body in 1984. 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 medical opinion, Edward P. 
Paloskey Jr [sic] has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Paloskey reported that 
he has driven straight trucks for 30 years, accumulating 4.2 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.

Jesse R. Parker

    Mr. Parker, 44, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``In my 
medical opinion, Mr. Parker has sufficient vision to perform the 
driving tasks assigned to him to operate a commercial vehicle.'' Mr. 
Parker reported that he has driven tractor-trailer combinations for 16 
years, accumulating 80,000 miles. He holds an operator's license from 
Louisiana. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Christopher A. Stewart

    Mr. Stewart, 57, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/60, and in his left 
eye, 20/20. Following an examination in 2016, his optometrist stated 
that Mr. Stewart does have sufficient vision to perform the driving 
tasks required to operate a commercial motor vehicle. Mr. Stewart 
reported that he has driven tractor-trailer combinations for 32 years, 
accumulating 3.58 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.

Emejildo Vargas

    Mr. Vargas, 28, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/15, and in his left eye, 20/
200. Following an examination in 2016, his optometrist stated, ``Mr. 
Vargas does meet the visual standards to drive legally and there is 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Vargas reported that he has driven straight 
trucks for 4 years, accumulating 74,080 miles, and tractor-trailer 
combinations for 2 years, accumulating 14,580 miles. He holds a Class A 
CDL from Massachusetts. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

[[Page 70251]]

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-2016-0207 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-2016-0207 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: September 29, 2016.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2016-24465 Filed 10-7-16; 8:45 am]
 BILLING CODE 4910-EX-P
70248 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices

alternatives proposed may be refined or • Section 1602 Agreement (California • Section 7 Consultation with U.S. Fish
be removed from further consideration, Department of Fish and Wildlife) and Wildlife Service in the event that
as engineering and environmental • National Pollutant Discharge Federally-listed species are affected
analysis is conducted for the Project. Elimination System (NPDES) Permit • Union Pacific Railroad (UPRR)
Analysis supporting the • Caltrans Statewide Permit and Memorandum of Agreement
Environmental Impact Statement (EIS) Construction General Permit • Various City Encroachment Permits
will determine the improvements • CWA Section 401 Water Quality Caltrans will be holding public
necessary to meet the existing and Certification and/or Waste Discharge scoping meetings to provide an
future transportation needs in the Requirement (WDR) (Regional Water overview of the Project, summarize the
corridor. Quality Control Board) environmental process, and receive
The following permits/approvals may • South Coast Air Quality Management input regarding the environmental
be required to construct the Project: District (SCAQMD) Rules 403, 1403, issues and the suggested scope and
• 33 U.S.C. 408 Section 408 Permit and 1166 content of the EIS. These meetings will
(United States (U.S.) Army Corps of • Clean Air Act, Transportation include separate agency and public
Engineers) Conformity Determination (FHWA; scoping. One round of three meetings
• Clean Water Act (CWA) Section 404 Caltrans) will be held on November 1st through
Permit (U.S. Army Corps of • Section 106 Compliance with November 3rd. Please refer to the table
Engineers) National Historic Preservation Act below for meeting details:

City Date Time Location

City of Industry ...................... Tuesday, Nov. 1, 2016 ........ 6:30 p.m.–8:30 p.m ... Public Scoping Meeting, Industry Hills Expo Center,
16200 Temple Avenue, City of Industry, CA 91744.
South El Monte ..................... Wednesday, Nov. 2, 2016 ... 6:30 p.m.–8:30 p.m ... Public Scoping Meeting, South El Monte Senior Center,
1556 Central Ave., South El Monte, CA 91733.
Whittier .................................. Thursday, Nov. 3, 2016 ....... 6:30 p.m.–8:30 p.m ... Public Scoping Meeting, Palm Park, Palm A–B Room,
5703 Palm Ave., Whittier, CA 90601.
Whittier .................................. Thursday, Nov. 3, 2016 ....... 3:00 p.m.–4:30 p.m ... Agency Scoping Meeting, Palm Park, Palm A–B Room,
5703 Palm Ave., Whittier, CA 90601.

Letters describing the proposed action Issued on: October 3, 2016. DATES: Comments must be received on
and soliciting comments will be sent to Josue M. Yambo, or before November 10, 2016. All
appropriate Federal, State, and Senior Transportation Engineer, Project comments will be investigated by
Participating Agencies; tribal Delivery Division, Federal Highway FMCSA. The exemptions will be issued
governments and local agencies and Administration, Sacramento, California. the day after the comment period closes.
private organizations and citizens who [FR Doc. 2016–24480 Filed 10–7–16; 8:45 am] ADDRESSES: You may submit comments
have previously expressed or are known BILLING CODE 4910–22–P bearing the Federal Docket Management
to have interest in this proposal. The System (FDMS) Docket No. FMCSA–
Draft EIS is anticipated to be available 2016–0207 using any of the following
for public and agency review and DEPARTMENT OF TRANSPORTATION methods:
comment in mid-2019. Public meetings • Federal eRulemaking Portal: Go to
will be held in study area communities Federal Motor Carrier Safety http://www.regulations.gov. Follow the
during the public and agency review Administration on-line instructions for submitting
and comment period. In addition, comments.
[Docket No. FMCSA–2016–0207]
public hearings will be held for the • Mail: Docket Management Facility;
Project. Public notice will be given for Qualification of Drivers; Exemption U.S. Department of Transportation, 1200
the time and place of the public Applications; Vision New Jersey Avenue SE., West Building
meetings and hearings. The Draft EIS Ground Floor, Room W12–140,
will be available for public and agency AGENCY: Federal Motor Carrier Safety Washington, DC 20590–0001.
review and comment prior to the public Administration (FMCSA), DOT. • Hand Delivery: West Building
hearings. ACTION: Notice of applications for Ground Floor, Room W12–140, 1200
To ensure that the full range of issues exemptions; request for comments. New Jersey Avenue SE., Washington,
related to this proposed action is DC, between 9 a.m. and 5 p.m., Monday
addressed and all significant concerns SUMMARY: FMCSA announces receipt of through Friday, except Federal
are identified, comments and applications from 18 individuals for Holidays.
suggestions are invited from all exemption from the vision requirement • Fax: 1–202–493–2251.
interested parties. Comments or in the Federal Motor Carrier Safety Instructions: Each submission must
questions about this proposed action Regulations. They are unable to meet include the Agency name and the
and the EIS should be directed to the vision requirement in one eye for docket numbers for this notice. Note
Caltrans at the address provided above. various reasons. The exemptions will that all comments received will be
asabaliauskas on DSK3SPTVN1PROD with NOTICES

(Catalog of Federal Domestic Assistance enable these individuals to operate posted without change to http://
Program Number 20.205, Highway commercial motor vehicles (CMVs) in www.regulations.gov, including any
Planning and Construction. The interstate commerce without meeting personal information provided. Please
regulations implementing Executive the prescribed vision requirement in see the Privacy Act heading below for
Order 12372 regarding one eye. If granted, the exemptions further information.
intergovernmental consultation on would enable these individuals to Docket: For access to the docket to
Federal programs and activities apply to qualify as drivers of commercial motor read background documents or
this program.) vehicles (CMVs) in interstate commerce. comments, go to http://

VerDate Sep<11>2014 20:12 Oct 07, 2016 Jkt 241001 PO 00000 Frm 00164 Fmt 4703 Sfmt 4703 E:\FR\FM\11OCN1.SGM 11OCN1
Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices 70249

www.regulations.gov at any time or medical opinion, Joshua Akshar has Alvin J. Dannenmann
Room W12–140 on the ground level of sufficient visual acuity and field of Mr. Dannenmann, 50, has had
the West Building, 1200 New Jersey vision to perform the driving tasks to amblyopia in his left eye since
Avenue SE., Washington, DC, between 9 operate a commercial vehicle.’’ Mr. childhood. The visual acuity in his right
a.m. and 5 p.m., Monday through Akshar reported that he has driven eye is 20/25, and in his left eye, 20/60.
Friday, except Federal holidays. The straight trucks for 3 years, accumulating Following an examination in 2016, his
FDMS is available 24 hours each day, 10,200 miles. He holds a Class B CDL optometrist stated, ‘‘In my professional
365 days each year. If you want from New York. His driving record for opinion Mr [sic] Dannenmann has
acknowledgment that we received your the last 3 years shows no crashes and no sufficient to [sic] vision to perform the
comments, please include a self- convictions for moving violations in a driving tasks required to operate a
addressed, stamped envelope or CMV. commercial vehicle.’’ Mr. Dannenmann
postcard or print the acknowledgement reported that he has driven straight
page that appears after submitting Elijah A. Allen, Jr.
trucks for 30 years, accumulating 2.34
comments on-line. Mr. Allen, 52, has had amblyopia in million miles, and tractor-trailer
Privacy Act: In accordance with 5 combinations for 30 years, accumulating
his left eye since childhood. The visual
U.S.C. 553(c), DOT solicits comments 450,000 miles. He holds an operator’s
acuity in his right eye is 20/20, and in
from the public to better inform its license from Delaware. His driving
his left eye, 20/200. Following an
rulemaking process. DOT posts these record for the last 3 years shows no
comments, without edit, including any examination in 2016, his optometrist
stated, ‘‘It is my medical opinion that he crashes and no convictions for moving
personal information the commenter violations in a CMV.
provides, to www.regulations.gov, as has sufficient vision to perform the
described in the system of records driving tasks required to operate a Wayne L. Dorbert
notice (DOT/ALL–14 FDMS), which can commercial vehicle.’’ Mr. Allen
Mr. Dorbert, 58, has had exotropia in
be reviewed at www.dot.gov/privacy. reported that he has driven straight his right eye due to amblyopia since
trucks for 8 years, accumulating 320,000 childhood. The visual acuity in his right
FOR FURTHER INFORMATION CONTACT: Ms.
miles, tractor-trailer combinations for 25 eye is 20/40, and in his left eye, 20/20.
Christine A. Hydock, Chief, Medical
years, accumulating 2 million miles, Following an examination in 2016, his
Programs Division, (202) 366–4001,
and buses for 1 year, accumulating optometrist stated, ‘‘Visual ability and
fmcsamedical@dot.gov, FMCSA,
2,600 miles. He holds a Class A CDL acuity are stable and sufficient to
Department of Transportation, 1200
from Arkansas. His driving record for operate a commercial vehicle.’’ Mr.
New Jersey Avenue SE., Room W64–
113, Washington, DC 20590–0001. the last 3 years shows no crashes and Dorbert reported that he has driven
Office hours are 8:30 a.m. to 5 p.m., e.t., one conviction for a moving violation in buses for 6 years, accumulating 61,500
Monday through Friday, except Federal a CMV; he exceeded the speed limit by miles. He holds a Class B CDL from
holidays. If you have questions 10 miles per hour (mph). Pennsylvania. His driving record for the
regarding viewing or submitting Tanner H. Brooks last 3 years shows no crashes and no
material to the docket, contact Docket convictions for moving violations in a
Services, telephone (202) 366–9826. Mr. Brooks, 21, has had amblyopia in CMV.
SUPPLEMENTARY INFORMATION: his right eye since birth. The visual Roger D. Ellsworth Jr.
acuity in his right eye is 20/100, and in
I. Background his left eye, 20/20. Following an Mr. Ellsworth, 44, has hypoexotropia
Under 49 U.S.C. 31136(e) and 31315, examination in 2016, his optometrist in his left eye since birth. The visual
FMCSA may grant an exemption from stated, ‘‘It is my opinion that his vision acuity in his right eye is 20/20, and in
the Federal Motor Carrier Safety will enable him to safely operate a his left eye, 20/40. Following an
Regulations for a 2-year period if it finds commercial vehicle.’’ Mr. Brooks examination in 2016, his optometrist
‘‘such exemption would likely achieve a reported that he has driven tractor- stated, ‘‘In my opinion, Mr. Ellsworth
level of safety that is equivalent to or trailer combinations for 3 years, has sufficient vision to perform the
greater than the level that would be accumulating 24,000 miles. He holds an driving tasks required to operate a
achieved absent such exemption.’’ operator’s license from Mississippi. His commercial vehicle, with his optical
FMCSA can renew exemptions at the driving record for the last 3 years shows correction.’’ Mr. Ellsworth reported that
end of each 2-year period. The 18 no crashes and no convictions for he has driven straight trucks for 14
individuals listed in this notice have moving violations in a CMV. years, accumulating 364,000 miles. He
each requested such an exemption from holds an operator’s license from North
Brian E. Broux Carolina. His driving record for the last
the vision requirement in 49 CFR
3 years shows no crashes and no
391.41(b)(10), which applies to drivers Mr. Broux, 49, has had amblyopia in convictions for moving violations in a
of CMVs in interstate commerce. his left eye since childhood. The visual CMV.
Accordingly, the Agency will evaluate acuity in his right eye is 20/25, and in
the qualifications of each applicant to his left eye, 20/50. Following an Gregory L. Frisch
determine whether granting an examination in 2016, his optometrist Mr. Frisch, 48, has had complete loss
exemption will achieve the required stated, ‘‘In my opinion, Mr. Broux’s of vision in his left eye since childhood.
level of safety mandated by statute. vision is sufficient to operate a The visual acuity in his right eye is 20/
asabaliauskas on DSK3SPTVN1PROD with NOTICES

II. Qualifications of Applicants commercial motor vehicle.’’ Mr. Broux 20, and in his left eye, no light
reported that he has driven straight perception. Following an examination
Joshua A. Akshar trucks for 11 years, accumulating in 2016, his optometrist stated, ‘‘I
Mr. Akshar, 22, has had amblyopia in 143,000 miles. He holds a Class BM1 believe he has sufficient vision to
his left eye since birth. The visual acuity CDL from California. His driving record perform the driving tasks that require
in his right eye is 20/20, and in his left for the last 3 years shows no crashes and operating a commercial or passenger
eye, 20/200. Following an examination no convictions for moving violations in vehicle.’’ Mr. Frisch reported that he has
in 2016, his optometrist stated, ‘‘In my a CMV. driven straight trucks for 15 years,

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70250 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices

accumulating 90,000 miles, tractor- acuity in his right eye is 20/20, and in driving tasks required to operate a
trailer combinations for 15 years, his left eye, 20/200. Following an commercial vehicle.’’ Mr. Paloskey
accumulating 60,000 miles, and buses examination in 2016, his reported that he has driven straight
for 10 years, accumulating 50,000 miles. ophthalmologist stated, ‘‘In short, the trucks for 30 years, accumulating 4.2
He holds a Class A CDL from California. history and examination was consistent million miles. He holds a Class AM CDL
His driving record for the last 3 years with a history of very early cataract from Pennsylvania. His driving record
shows no crashes and no convictions for formation along with a macular scar for the last 3 years shows no crashes and
moving violations in a CMV. rendering decreased central visual no convictions for moving violations in
acuity with no changes in the peripheral a CMV.
Josh Gallant Jr. vision in both eyes . . . In regards to his
Mr. Gallant, 68, has had a retinal exam, again everything has been Jesse R. Parker
detachment in his right eye since 1992. unchanged and he should be strongly
The visual acuity in his right eye is 20/ considered for a waiver for this CDL as Mr. Parker, 44, has had amblyopia in
200, and in his left eye, 20/20. nothing has been altered here in the last his right eye since childhood. The
Following an examination in 2016, his many years.’’ Mr. Kadolph reported that visual acuity in his right eye is 20/50,
optometrist stated, ‘‘It is my opinion he has driven straight trucks for 45 and in his left eye, 20/20. Following an
that his vision and ocular health should years, accumulating 45,000 miles, examination in 2016, his optometrist
not [sic] prevent him from being able to tractor-trailer combinations for 24 years, stated, ‘‘In my medical opinion, Mr.
operate a commercial vehicle.’’ Mr. accumulating 120,000 miles. He holds a Parker has sufficient vision to perform
Gallant reported that he has driven Class A CDL from Iowa. His driving the driving tasks assigned to him to
straight trucks for 22 years, record for the last 3 years shows no operate a commercial vehicle.’’ Mr.
accumulating 2.34 million miles. He crashes and no convictions for moving Parker reported that he has driven
holds a Class B CDL from South violations in a CMV. tractor-trailer combinations for 16 years,
Carolina. His driving record for the last accumulating 80,000 miles. He holds an
Jay D. May
3 years shows no crashes and no operator’s license from Louisiana. His
convictions for moving violations in a Mr. May, 36, has had amblyopia in his
driving record for the last 3 years shows
CMV. left eye since childhood. The visual
acuity in his right eye is 20/20, and in no crashes and no convictions for
John P. Grum his left eye, 20/200. Following an moving violations in a CMV.
Mr. Grum, 45, has amblyopia in his examination in 2016, his optometrist Christopher A. Stewart
right eye since childhood. The visual stated, ‘‘Jay’s vision is sufficient to drive
acuity in his right eye is 20/100, and in a commercial vehicle.’’ Mr. May Mr. Stewart, 57, has had amblyopia in
his left eye, 20/20. Following an reported that he has driven straight his right eye since childhood. The
examination in 2016, his optometrist trucks for 11 years, accumulating 5,500 visual acuity in his right eye is 20/60,
stated, ‘‘In my medical opinion I feel miles, tractor-trailer combinations for 11 and in his left eye, 20/20. Following an
John has more than sufficient vision to years, accumulating 495,000 miles. He examination in 2016, his optometrist
continue to operate a commercial holds a Class A CDL from Colorado. His stated that Mr. Stewart does have
vehicle.’’ Mr. Grum reported that he has driving record for the last 3 years shows sufficient vision to perform the driving
driven straight trucks for 20 years, no crashes and no convictions for tasks required to operate a commercial
accumulating 600,000 miles, and moving violations in a CMV. motor vehicle. Mr. Stewart reported that
tractor-trailer combinations for 20 years, he has driven tractor-trailer
Tracy L. Neal
accumulating 1 million miles. He holds combinations for 32 years, accumulating
a Class AM CDL from Pennsylvania. His Mr. Neal, 49, has had optic atrophy in
his right eye due to a traumatic incident 3.58 million miles. He holds a Class A
driving record for the last 3 years shows CDL from Georgia. His driving record
no crashes and no convictions for in childhood. The visual acuity in his
right eye is 20/100, and in his left eye, for the last 3 years shows no crashes and
moving violations in a CMV.
20/20. Following an examination in no convictions for moving violations in
Dillon L. Hendren 2016, his optometrist stated, ‘‘It is my a CMV.
Mr. Hendren, 28, has had amblyopia medical opinion that Mr. Neal has Emejildo Vargas
in his left eye since birth. The visual sufficient vision to perform safe driving
acuity in his right eye is 20/20, and in tasks required to operate a commercial Mr. Vargas, 28, has had amblyopia in
his left eye, 20/200. Following an vehicle.’’ Mr. Neal reported that he has his left eye since childhood. The visual
examination in 2016, his optometrist driven tractor-trailer combinations for acuity in his right eye is 20/15, and in
stated, ‘‘Since Mr. Hendren’s visual 26 years, accumulating 2.6 million his left eye, 20/200. Following an
fields are much greater than the miles. He holds an operator’s license examination in 2016, his optometrist
required field in each eye, he should be from Michigan. His driving record for stated, ‘‘Mr. Vargas does meet the visual
considered visually competent to the last 3 years shows no crashes and no standards to drive legally and there is
operate a commercial vehicle.’’ Mr. convictions for moving violations in a sufficient vision to perform the driving
Hendren reported that he has driven CMV. tasks required to operate a commercial
straight trucks for 9 years, accumulating vehicle.’’ Mr. Vargas reported that he
Edward P. Paloskey Jr.
asabaliauskas on DSK3SPTVN1PROD with NOTICES

142,659 miles. He holds an operator’s has driven straight trucks for 4 years,
license from South Carolina. His driving Mr. Paloskey, 56, has retinal scar in
his left eye due to an electromagnetic accumulating 74,080 miles, and tractor-
record for the last 3 years shows one
foreign body in 1984. The visual acuity trailer combinations for 2 years,
crash; he was cited for spillage of load/
in his right eye is 20/20, and in his left accumulating 14,580 miles. He holds a
improper load secure.
eye, 20/80. Following an examination in Class A CDL from Massachusetts. His
Roger E. Kadolph 2016, his optometrist stated, ‘‘In my driving record for the last 3 years shows
Mr. Kadolph, 63, has a macular scar medical opinion, Edward P. Paloskey Jr no crashes and no convictions for
in his left eye since 1952. The visual [sic] has sufficient vision to perform the moving violations in a CMV.

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Document Created: 2018-02-13 16:34:16
Document Modified: 2018-02-13 16:34:16
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 November 10, 2016. All comments will be investigated by FMCSA. The exemptions will be issued the day after the comment period closes.
Contact		Ms. 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 70248
81 FR 70248 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 196 (October 11, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
