81 FR 72664 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 203 (October 20, 2016)

Page Range		72664-72667
FR Document		2016-25380
FMCSA announces receipt of applications from 22 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 203 (Thursday, October 20, 2016)
[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72664-72667]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25380]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0210]


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 22 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 21, 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-2016-0210 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: 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.

[[Page 72665]]


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 22 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

Gary A. Behrends

    Mr. Behrends, 58, 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/
15. Following an examination in 2016, his optometrist stated, ``In my 
medical opinion Gary has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Behrends reported that 
he has driven straight trucks for 40 years, accumulating 400,000 miles, 
and tractor-trailer combinations for 40 years, accumulating 400,000 
miles. He holds an operator's license from Nebraska. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Harry R. Brewer

    Mr. Brewer, 53, has a macular scar in his left eye due to a 
traumatic incident in 1994. The visual acuity in his right eye is 20/
20, and in his left eye, 20/60. Following an examination in 2016, his 
optometrist stated, ``In my professional medical opinion, Mr. Harry Rex 
Brewer has sufficient vision to safely perform the driving tasks 
necessary to operate a commercial vehicle.'' Mr. Brewer reported that 
he has driven straight trucks for 26 years, accumulating 1.56 million 
miles. He holds a Class A CDL from Tennessee. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Johnnie B. Bush

    Mr. Bush, 69, has had a prosthetic right eye since 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, 
``Vision is sufficient in the left eye to operate a commercial 
vehicle.'' Mr. Bush reported that he has driven straight trucks for 42 
years, accumulating 84,000 miles, and tractor-trailer combinations for 
42 years, accumulating 2.14 million 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.

Nathan J. Bute

    Mr. Bute, 35, has a prosthetic left eye due to a traumatic incident 
in 2003. The visual acuity in his right eye is 20/20, and in his left 
eye, no light perception. Following an examination in 2016, his 
optometrist stated, ``It is of my opinion that Nathan's visual 
condition is stable, & suitable for operation of a commercial 
vehicle.'' Mr. Bute reported that he has driven straight trucks for 7 
years, accumulating 109,200 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.

Gary L. Cox

    Mr. Cox, 51, 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 optometrist stated, ``He has 
normal color vision and has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Cox reported that 
he has driven straight trucks for 3 years, accumulating 62,400 miles. 
He holds an operator's license from Kentucky. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Kevin J. Embrey

    Mr. Embrey, 43, 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 ophthalmologist stated, ``In 
my medial [sic] opinion, he has sufficient vision to perform the 
driving task required to operate a commercial vehicle.'' Mr. Embrey 
reported that he has driven straight trucks for 24 years, accumulating 
360,000 miles. He holds a Class B CDL from Illinois. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Peter J. Faber

    Mr. Faber, 54, 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/
100. Following an examination in 2016, his ophthalmologist stated, ``In 
my medical opinion, Peter J. Faber, DOB 8/21/1962, has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Faber reported that he has driven tractor-trailer 
combinations for 5 years, accumulating 600,000 miles. He holds a Class 
A CDL from Nebraska. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Ricky L. Gillum

    Mr. Gillum, 49, has had a retinal detachment in his right eye since 
2011. The visual acuity in his right eye is 20/400, and in his left 
eye, 20/20. Following an examination in 2016, his optometrist stated, 
``I believe Mr. Gillum has sufficient vision to drive a commercial 
vehicle based on his left eye measurements.'' Mr. Gillum reported that 
he has driven straight trucks for 30 years, accumulating 2.25 million 
miles, and tractor-trailer combinations for 19 years, accumulating 1.24 
million miles. He holds a Class A CDL Ohio. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Johnny E. Hill

    Mr. Hill, 45, has enucleation in his right eye due to a traumatic 
incident in 2013. 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, ``Mr. Hill meets the vision waiver 
requirements for a CDL and should be able to operate a commercial 
vehicle.'' Mr. Hill reported that he has driven straight trucks for 2 
years, accumulating 168,000 miles, and tractor-trailer combinations for 
8 years, accumulating 520,000 miles. He holds a Class AM CDL from 
Alabama. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Justin A. Hooper

    Mr. Hooper, 38, has glaucoma in his right eye due to a traumatic 
incident in 2012. 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, ``In my medical opinion he has adequate vision 
to operate a commercial motor vehicle.'' Mr. Hooper reported that he 
has driven straight trucks for 17 years, accumulating 765,000 miles, 
and tractor-trailer combinations for 13 years, accumulating 65,000 
miles. He holds a

[[Page 72666]]

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.

John R. Horst

    Mr. Horst, 71, has had macular atrophy in his right eye due to 
histoplasmosis since 1980. The visual acuity in his right eye is 20/
200, and in his left eye, 20/15. Following an examination in 2016, his 
optometrist stated, ``It is my opinion that Mr. Horst has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Horst reported that he has driven straight trucks for 52 
years, accumulating 1.09 million miles, and tractor-trailer 
combinations for 47 years, accumulating 235,000 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.

Robert E. Kelley, Jr.

    Mr. Kelley, 55, has amblyopia in his left eye due to a traumatic 
incident in childhood. The visual acuity in his right eye is 20/20, and 
in his left eye, 20/50. Following an examination in 2016, his 
ophthalmologist stated, ``Based on the requirements of the DOT the 
patient has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle'' Mr. Kelley reported that he has driven 
straight trucks for 17 years, accumulating 255,000 miles, and tractor-
trailer combinations for 1 years, accumulating 10,000 miles. He holds 
an operator's license from Washington. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

David L. Manktelow

    Mr. Manktelow, 39, 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/
100. Following an examination in 2016, his optometrist stated, ``It is 
my medical opinion that Mr. Manktelow has sufficient vision to operate 
a commercial vehicle.'' Mr. Manktelow reported that he has driven 
tractor-trailer combinations for 10 years, accumulating 175,000 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.

James F. McLaughlin

    Mr. McLaughlin, 54, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/60. Following an examination in 2016, his optometrist stated, 
``James has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. McLaughlin reported that he has 
driven straight trucks for 35 years, accumulating 700,000 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.

Derrick P. Moore

    Mr. Moore, 37, has had cataract in his right eye since birth. The 
visual acuity in his right eye is hand motion, and in his left eye, 20/
15. Following an examination in 2016, his optometrist stated that Mr. 
Moore does have sufficient vision to perform the driving tasks required 
to operate a CMV. Mr. Moore reported that he has driven straight trucks 
for 21 years, accumulating 420,000 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.

Richard L. Moores

    Mr. Moores, 41, has optic neuropathy and maculopathy in his left 
eye due to a traumatic incident in 1998. The visual acuity in his right 
eye is 20/20, and in his left eye, 20/400. Following an examination in 
2016, his ophthalmologist stated, ``In my medical opinion Richard 
Moores has sufficient central and peripheral vision OD to operate a 
commercial vehicle.'' Mr. Moores reported that he has driven straight 
trucks for 24 years, accumulating 120,000 miles, and tractor-trailer 
combinations for 5 years, accumulating 6,250 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.

Brian T. Morrison

    Mr. Morrison, 42, has optic atrophy in his left eye due to a 
traumatic incident in 1993. The visual acuity in his right eye is 20/
15, and in his left eye, 20/100. Following an examination in 2016, his 
optometrist stated, ``Optic Atrophy . . . The patient has been driving 
with a commercial driving license since 1996 without accident. [sic] 
and this adds to my opinion that he can drive safely [sic] at the 
present time and meets the licenses requirement.'' Mr. Morrison 
reported that he has driven straight trucks for 12 years, accumulating 
360,000 miles, and tractor-trailer combinations for 6 years, 
accumulating 30,000 miles. He holds a Class A CDL from Missouri. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Tad W. Sexsmith

    Mr. Sexsmith, 34, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/15, and in his left 
eye, 20/50. Following an examination in 2016, his optometrist stated, 
``In my professional opinion, I certify that Tad Sexsmith has 
sufficient vision abilities to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Smith reported that he has driven 
straight trucks for 8 years, accumulating 320,000 miles. He holds a 
Class B CDL from Washington. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Dennis M. Varga, Jr.

    Mr. Varga, 37, has had a prosthetic right eye since birth. The 
visual acuity in his right eye is no light perception, and in his left 
eye, 20/15. Following an examination in 2016, his optometrist stated, 
``Mr. Varga was born with a non-functional right eye and does not have 
binocular vision. We would request that with his flawless record as a 
CDL holder, you would grant the necessary medical waiver for him to 
continue with both inter and intra-state driving privileges.'' Mr. 
Varga reported that he has driven straight trucks for 18 years, 
accumulating 360,000 miles, and tractor-trailer combinations for 18 
years, accumulating 18,000 miles. He holds a Class A CDL from Ohio. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Michael J. Weber

    Mr. Weber, 28, 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, ``It 
is my opinion that Mr. Weber has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Weber 
reported that he has driven straight trucks for 4 years, accumulating 
6,000 miles, tractor-trailer combinations for 4 years, accumulating 
6,000 miles, and buses for 4 years, accumulating 4,000 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.

[[Page 72667]]

Mark B. Wilmer

    Mr. Wilmer, 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, ``With 
these test results and Mark's past driving record, I feel he is 
qualified to safely operate a commercial vehicle.'' Mr. Wilmer reported 
that he has driven straight trucks for 3 years, accumulating 900 miles, 
and tractor-trailer combinations for 20 years, accumulating 30,000 
miles. He holds a Class A CDL from Virginia. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Hezekiah Woodrup Sr.

    Mr. Woodrup, 62, has a retinal scar 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, 20/30. Following an examination in 2016, 
his optometrist stated, ``It is in my opinion, that the patient meets 
vision requirements for use of commercial vehicle and is able to 
perform the driving tasks required to operate the vehicle.'' Mr. 
Woodrup reported that he has driven straight trucks for 7 years, 
accumulating 210,000 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.

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-2016-0210 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-2016-0210 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: October 14, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25380 Filed 10-19-16; 8:45 am]
 BILLING CODE 4910-EX-P
72664 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices

issues that would compromise their to comply with the terms and System (FDMS) Docket No. FMCSA–
ability to safely operate a CMV during conditions of the exemption; (2) the 2016–0210 using any of the following
the previous two-year exemption exemption has resulted in a lower level methods:
period. FMCSA has concluded that of safety than was maintained before it • Federal eRulemaking Portal: Go to
renewing the exemptions for each of was granted; or (3) continuation of the http://www.regulations.gov. Follow the
these applicants is likely to achieve a exemption would not be consistent with on-line instructions for submitting
level of safety equal to that existing the goals and objectives of 49 U.S.C. comments.
without the exemption. Therefore, 31136(e) and 31315. • Mail: Docket Management Facility;
FMCSA has decided to renew each V. Preemption U.S. Department of Transportation, 1200
exemption for a two-year period. In New Jersey Avenue SE., West Building
accordance with 49 U.S.C. 31136(e) and During the period the exemption is in Ground Floor, Room W12–140,
31315, each driver has received a effect, no State shall enforce any law or Washington, DC 20590–0001.
renewed exemption. regulation that conflicts with this • Hand Delivery: West Building
As of June 9, 2016, David Crowe (VA) exemption with respect to a person Ground Floor, Room W12–140, 1200
has satisfied the renewal conditions for operating under the exemption. New Jersey Avenue SE., Washington,
obtaining an exemption from the VI. Conclusion DC, between 9 a.m. and 5 p.m., Monday
Epilepsy and Seizure Disorders through Friday, except Federal
Based upon its evaluation of the 10
prohibition in 49 CFR 391.41(b)(8) from Holidays.
exemption applications, FMCSA renews
driving CMVs in interstate commerce • Fax: 1–202–493–2251.
the exemptions of the aforementioned
(79 FR 23054). This driver was included Instructions: Each submission must
drivers from the Epilepsy and Seizure
in FMCSA–2013–0109. The exemption include the Agency name and the
Disorders requirement in 49 CFR 391.41
was effective on June 9, 2016, and will (b)(8). In accordance with 49 U.S.C. docket numbers for this notice. Note
expire on June 9, 2018. 31136(e) and 31315, each exemption that all comments received will be
As of June 24, 2016, the following 9 will be valid for two years unless posted without change to http://
individuals have satisfied the renewal revoked earlier by FMCSA. www.regulations.gov, including any
conditions for obtaining an exemption personal information provided. Please
from the Epilepsy and Seizure Disorders Issued on: October 13, 2016. see the Privacy Act heading below for
prohibition in 49 CFR 391.41(b)(8) from Larry W. Minor, further information.
driving CMVs in interstate commerce Associate Administrator for Policy. Docket: For access to the docket to
(79 FR 73400): [FR Doc. 2016–25385 Filed 10–19–16; 8:45 am] read background documents or
Travis Arend (VA) BILLING CODE 4910–EX–P comments, go to http://
Heath Crowe (LA) www.regulations.gov at any time or
Richard Degnan (AZ) Room W12–140 on the ground level of
Peter DellaRocco (PA) DEPARTMENT OF TRANSPORTATION the West Building, 1200 New Jersey
Domenick Panfie (NJ) Avenue SE., Washington, DC, between 9
Federal Motor Carrier Safety a.m. and 5 p.m., Monday through
Scott Reaves (TX)
Administration Friday, except Federal holidays. The
Milton Tatham (NV)
Thomas Tincher (VA) [Docket No. FMCSA–2016–0210] FDMS is available 24 hours each day,
Duane Troff (MN) 365 days each year. If you want
Qualification of Drivers; Exemption acknowledgment that we received your
These drivers were included in
Applications; Vision comments, please include a self-
FMCSA–2013–0444. The exemptions
were effective on June 24, 2016, and AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or
will expire on June 24, 2018. Administration (FMCSA), DOT. postcard or print the acknowledgement
page that appears after submitting
IV. Conditions and Requirements ACTION: Notice of applications for
exemptions; request for comments. comments on-line.
The exemptions are extended subject Privacy Act: In accordance with 5
to the following conditions: (1) Each SUMMARY: FMCSA announces receipt of U.S.C. 553(c), DOT solicits comments
driver must remain seizure-free and applications from 22 individuals for from the public to better inform its
maintain a stable treatment during the exemption from the vision requirement rulemaking process. DOT posts these
two-year exemption period; (2) each in the Federal Motor Carrier Safety comments, without edit, including any
driver must submit annual reports from Regulations. They are unable to meet personal information the commenter
their treating physicians attesting to the the vision requirement in one eye for provides, to www.regulations.gov, as
stability of treatment and that the driver various reasons. The exemptions will described in the system of records
has remained seizure-free; (3) each enable these individuals to operate notice (DOT/ALL–14 FDMS), which can
driver must undergo an annual medical commercial motor vehicles (CMVs) in be reviewed at www.dot.gov/privacy.
examination by a certified Medical interstate commerce without meeting FOR FURTHER INFORMATION CONTACT: Ms.
Examiner, as defined by 49 CFR 390.5; the prescribed vision requirement in Christine A. Hydock, Chief, Medical
and (4) each driver must provide a copy one eye. If granted, the exemptions Programs Division, (202) 366–4001,
of the annual medical certification to would enable these individuals to fmcsamedical@dot.gov, FMCSA,
the employer for retention in the qualify as drivers of commercial motor Department of Transportation, 1200
driver’s qualification file or keep a copy vehicles (CMVs) in interstate commerce. New Jersey Avenue SE., Room W64–
mstockstill on DSK3G9T082PROD with NOTICES

of his/her driver’s qualification file if DATES: Comments must be received on 113, Washington, DC 20590–0001.
he/she is self-employed. The driver or before November 21, 2016. All Office hours are 8:30 a.m. to 5 p.m., e.t.,
must have a copy of the exemption comments will be investigated by Monday through Friday, except Federal
when driving for presentation to a duly FMCSA. The exemptions will be issued holidays. If you have questions
authorized Federal, State, or local the day after the comment period closes. regarding viewing or submitting
enforcement official. The exemption ADDRESSES: You may submit comments material to the docket, contact Docket
will be rescinded if: (1) The person fails bearing the Federal Docket Management Services, telephone (202) 366–9826.

VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1
Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices 72665

SUPPLEMENTARY INFORMATION: optometrist stated, ‘‘Vision is sufficient acuity in his right eye is 20/20, and in
in the left eye to operate a commercial his left eye, 20/100. Following an
I. Background
vehicle.’’ Mr. Bush reported that he has examination in 2016, his
Under 49 U.S.C. 31136(e) and 31315, driven straight trucks for 42 years, ophthalmologist stated, ‘‘In my medical
FMCSA may grant an exemption from accumulating 84,000 miles, and tractor- opinion, Peter J. Faber, DOB 8/21/1962,
the Federal Motor Carrier Safety trailer combinations for 42 years, has sufficient vision to perform the
Regulations for a 2-year period if it finds accumulating 2.14 million miles. He driving tasks required to operate a
‘‘such exemption would likely achieve a holds an operator’s license from commercial vehicle.’’ Mr. Faber
level of safety that is equivalent to or Mississippi. His driving record for the reported that he has driven tractor-
greater than the level that would be last 3 years shows no crashes and no trailer combinations for 5 years,
achieved absent such exemption.’’ convictions for moving violations in a accumulating 600,000 miles. He holds a
FMCSA can renew exemptions at the CMV. Class A CDL from Nebraska. His driving
end of each 2-year period. The 22 record for the last 3 years shows no
individuals listed in this notice have Nathan J. Bute crashes and no convictions for moving
each requested such an exemption from Mr. Bute, 35, has a prosthetic left eye violations in a CMV.
the vision requirement in 49 CFR due to a traumatic incident in 2003. The
391.41(b)(10), which applies to drivers Ricky L. Gillum
visual acuity in his right eye is 20/20,
of CMVs in interstate commerce. and in his left eye, no light perception. Mr. Gillum, 49, has had a retinal
Accordingly, the Agency will evaluate Following an examination in 2016, his detachment in his right eye since 2011.
the qualifications of each applicant to optometrist stated, ‘‘It is of my opinion The visual acuity in his right eye is 20/
determine whether granting an that Nathan’s visual condition is stable, 400, and in his left eye, 20/20.
exemption will achieve the required & suitable for operation of a commercial Following an examination in 2016, his
level of safety mandated by statute. vehicle.’’ Mr. Bute reported that he has optometrist stated, ‘‘I believe Mr. Gillum
driven straight trucks for 7 years, has sufficient vision to drive a
II. Qualifications of Applicants
accumulating 109,200 miles. He holds commercial vehicle based on his left eye
Gary A. Behrends an operator’s license from Indiana. His measurements.’’ Mr. Gillum reported
Mr. Behrends, 58, has had amblyopia driving record for the last 3 years shows that he has driven straight trucks for 30
in his right eye since birth. The visual no crashes and no convictions for years, accumulating 2.25 million miles,
acuity in his right eye is 20/100, and in moving violations in a CMV. and tractor-trailer combinations for 19
his left eye, 20/15. Following an years, accumulating 1.24 million miles.
Gary L. Cox He holds a Class A CDL Ohio. His
examination in 2016, his optometrist
stated, ‘‘In my medical opinion Gary has Mr. Cox, 51, has had amblyopia in his driving record for the last 3 years shows
sufficient vision to perform the driving right eye since childhood. The visual no crashes and no convictions for
tasks required to operate a commercial acuity in his right eye is 20/400, and in moving violations in a CMV.
vehicle.’’ Mr. Behrends reported that he his left eye, 20/20. Following an
Johnny E. Hill
has driven straight trucks for 40 years, examination in 2016, his optometrist
accumulating 400,000 miles, and stated, ‘‘He has normal color vision and Mr. Hill, 45, has enucleation in his
tractor-trailer combinations for 40 years, has sufficient vision to perform the right eye due to a traumatic incident in
accumulating 400,000 miles. He holds driving tasks required to operate a 2013. The visual acuity in his right eye
an operator’s license from Nebraska. His commercial vehicle.’’ Mr. Cox reported is no light perception, and in his left
driving record for the last 3 years shows that he has driven straight trucks for 3 eye, 20/20. Following an examination in
no crashes and no convictions for years, accumulating 62,400 miles. He 2016, his optometrist stated, ‘‘Mr. Hill
moving violations in a CMV. holds an operator’s license from meets the vision waiver requirements
Kentucky. His driving record for the last for a CDL and should be able to operate
Harry R. Brewer 3 years shows no crashes and no a commercial vehicle.’’ Mr. Hill
Mr. Brewer, 53, has a macular scar in convictions for moving violations in a reported that he has driven straight
his left eye due to a traumatic incident CMV. trucks for 2 years, accumulating 168,000
in 1994. The visual acuity in his right miles, and tractor-trailer combinations
eye is 20/20, and in his left eye, 20/60. Kevin J. Embrey for 8 years, accumulating 520,000 miles.
Following an examination in 2016, his Mr. Embrey, 43, has had amblyopia in He holds a Class AM CDL from
optometrist stated, ‘‘In my professional his right eye since childhood. The Alabama. His driving record for the last
medical opinion, Mr. Harry Rex Brewer visual acuity in his right eye is 20/100, 3 years shows no crashes and no
has sufficient vision to safely perform and in his left eye, 20/20. Following an convictions for moving violations in a
the driving tasks necessary to operate a examination in 2016, his CMV.
commercial vehicle.’’ Mr. Brewer ophthalmologist stated, ‘‘In my medial
Justin A. Hooper
reported that he has driven straight [sic] opinion, he has sufficient vision to
trucks for 26 years, accumulating 1.56 perform the driving task required to Mr. Hooper, 38, has glaucoma in his
million miles. He holds a Class A CDL operate a commercial vehicle.’’ Mr. right eye due to a traumatic incident in
from Tennessee. His driving record for Embrey reported that he has driven 2012. The visual acuity in his right eye
the last 3 years shows no crashes and no straight trucks for 24 years, is counting fingers, and in his left eye,
convictions for moving violations in a accumulating 360,000 miles. He holds a 20/20. Following an examination in
2016, his optometrist stated, ‘‘In my
mstockstill on DSK3G9T082PROD with NOTICES

CMV. Class B CDL from Illinois. His driving
record for the last 3 years shows no medical opinion he has adequate vision
Johnnie B. Bush to operate a commercial motor vehicle.’’
crashes and no convictions for moving
Mr. Bush, 69, has had a prosthetic violations in a CMV. Mr. Hooper reported that he has driven
right eye since childhood. The visual straight trucks for 17 years,
acuity in his right eye is no light Peter J. Faber accumulating 765,000 miles, and
perception, and in his left eye, 20/20. Mr. Faber, 54, has had amblyopia in tractor-trailer combinations for 13 years,
Following an examination in 2016, his his left eye since childhood. The visual accumulating 65,000 miles. He holds a

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72666 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices

Class A CDL from Missouri. His driving Following an examination in 2016, his from Missouri. His driving record for
record for the last 3 years shows no optometrist stated, ‘‘James has sufficient the last 3 years shows no crashes and no
crashes and no convictions for moving vision to perform the driving tasks convictions for moving violations in a
violations in a CMV. required to operate a commercial CMV.
vehicle.’’ Mr. McLaughlin reported that
John R. Horst Tad W. Sexsmith
he has driven straight trucks for 35
Mr. Horst, 71, has had macular years, accumulating 700,000 miles. He
atrophy in his right eye due to Mr. Sexsmith, 34, has had amblyopia
holds an operator’s license from
histoplasmosis since 1980. The visual in his left eye since childhood. The
Minnesota. His driving record for the
acuity in his right eye is 20/200, and in visual acuity in his right eye is 20/15,
last 3 years shows no crashes and no
his left eye, 20/15. Following an convictions for moving violations in a and in his left eye, 20/50. Following an
examination in 2016, his optometrist CMV. examination in 2016, his optometrist
stated, ‘‘It is my opinion that Mr. Horst stated, ‘‘In my professional opinion, I
has sufficient vision to perform the Derrick P. Moore certify that Tad Sexsmith has sufficient
driving tasks required to operate a Mr. Moore, 37, has had cataract in his vision abilities to perform the driving
commercial vehicle.’’ Mr. Horst reported right eye since birth. The visual acuity tasks required to operate a commercial
that he has driven straight trucks for 52 in his right eye is hand motion, and in vehicle.’’ Mr. Smith reported that he has
years, accumulating 1.09 million miles, his left eye, 20/15. Following an driven straight trucks for 8 years,
and tractor-trailer combinations for 47 examination in 2016, his optometrist accumulating 320,000 miles. He holds a
years, accumulating 235,000 miles. He stated that Mr. Moore does have Class B CDL from Washington. His
holds a Class AM CDL from sufficient vision to perform the driving driving record for the last 3 years shows
Pennsylvania. His driving record for the tasks required to operate a CMV. Mr. no crashes and no convictions for
last 3 years shows no crashes and no Moore reported that he has driven moving violations in a CMV.
convictions for moving violations in a straight trucks for 21 years,
CMV. accumulating 420,000 miles. He holds a Dennis M. Varga, Jr.
Class A CDL from Minnesota. His
Robert E. Kelley, Jr. Mr. Varga, 37, has had a prosthetic
driving record for the last 3 years shows
Mr. Kelley, 55, has amblyopia in his no crashes and no convictions for right eye since birth. The visual acuity
left eye due to a traumatic incident in moving violations in a CMV. in his right eye is no light perception,
childhood. The visual acuity in his right and in his left eye, 20/15. Following an
Richard L. Moores examination in 2016, his optometrist
eye is 20/20, and in his left eye, 20/50.
Following an examination in 2016, his Mr. Moores, 41, has optic neuropathy stated, ‘‘Mr. Varga was born with a non-
ophthalmologist stated, ‘‘Based on the and maculopathy in his left eye due to functional right eye and does not have
requirements of the DOT the patient has a traumatic incident in 1998. The visual binocular vision. We would request that
sufficient vision to perform the driving acuity in his right eye is 20/20, and in with his flawless record as a CDL
tasks required to operate a commercial his left eye, 20/400. Following an holder, you would grant the necessary
vehicle’’ Mr. Kelley reported that he has examination in 2016, his medical waiver for him to continue with
driven straight trucks for 17 years, ophthalmologist stated, ‘‘In my medical both inter and intra-state driving
accumulating 255,000 miles, and opinion Richard Moores has sufficient privileges.’’ Mr. Varga reported that he
tractor-trailer combinations for 1 years, central and peripheral vision OD to has driven straight trucks for 18 years,
accumulating 10,000 miles. He holds an operate a commercial vehicle.’’ Mr. accumulating 360,000 miles, and
operator’s license from Washington. His Moores reported that he has driven tractor-trailer combinations for 18 years,
driving record for the last 3 years shows straight trucks for 24 years, accumulating 18,000 miles. He holds a
no crashes and no convictions for accumulating 120,000 miles, and Class A CDL from Ohio. His driving
moving violations in a CMV. tractor-trailer combinations for 5 years, record for the last 3 years shows no
accumulating 6,250 miles. He holds a crashes and no convictions for moving
David L. Manktelow Class A CDL from Colorado. His driving violations in a CMV.
Mr. Manktelow, 39, has had record for the last 3 years shows no
amblyopia in his left eye since birth. crashes and no convictions for moving Michael J. Weber
The visual acuity in his right eye is 20/ violations in a CMV. Mr. Weber, 28, has had amblyopia in
20, and in his left eye, 20/100.
Brian T. Morrison his left eye since childhood. The visual
Following an examination in 2016, his
Mr. Morrison, 42, has optic atrophy in acuity in his right eye is 20/20, and in
optometrist stated, ‘‘It is my medical
his left eye due to a traumatic incident his left eye, 20/200. Following an
opinion that Mr. Manktelow has
in 1993. The visual acuity in his right examination in 2016, his
sufficient vision to operate a
eye is 20/15, and in his left eye, 20/100. ophthalmologist stated, ‘‘It is my
commercial vehicle.’’ Mr. Manktelow
reported that he has driven tractor- Following an examination in 2016, his opinion that Mr. Weber has sufficient
trailer combinations for 10 years, optometrist stated, ‘‘Optic Atrophy . . . vision to perform the driving tasks
accumulating 175,000 miles. He holds a The patient has been driving with a required to operate a commercial
Class A CDL from Massachusetts. His commercial driving license since 1996 vehicle.’’ Mr. Weber reported that he
driving record for the last 3 years shows without accident. [sic] and this adds to has driven straight trucks for 4 years,
my opinion that he can drive safely [sic] accumulating 6,000 miles, tractor-trailer
mstockstill on DSK3G9T082PROD with NOTICES

no crashes and no convictions for
moving violations in a CMV. at the present time and meets the combinations for 4 years, accumulating
licenses requirement.’’ Mr. Morrison 6,000 miles, and buses for 4 years,
James F. McLaughlin reported that he has driven straight accumulating 4,000 miles. He holds an
Mr. McLaughlin, 54, has had trucks for 12 years, accumulating operator’s license from New Jersey. His
amblyopia in his left eye since 360,000 miles, and tractor-trailer driving record for the last 3 years shows
childhood. The visual acuity in his right combinations for 6 years, accumulating no crashes and no convictions for
eye is 20/20, and in his left eye, 20/60. 30,000 miles. He holds a Class A CDL moving violations in a CMV.

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Document Created: 2016-10-21 09:59:18
Document Modified: 2016-10-21 09:59:18
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 21, 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 72664
81 FR 72664 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 203 (October 20, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
