82 FR 13045 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 44 (March 8, 2017)

Page Range		13045-13048
FR Document		2017-04525
FMCSA announces receipt of applications from 17 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 82 Issue 44 (Wednesday, March 8, 2017)
[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Notices]
[Pages 13045-13048]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04525]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0377]


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 17 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 April 7, 2017. 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-2016-0377 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., 
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or

[[Page 13046]]

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., e.t., 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 17 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

Chad C. Burnett

    Mr. Burnett, 41, 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, ``After 
careful assessment of patient Chad Burnett for a complete eye vision 
and health exam on 5-3-2016, I feel Chad would be visually qualified to 
obtain his CMV license for driving.'' Mr. Burnett reported that he has 
driven straight trucks for 12 years, accumulating 720,000 miles. He 
holds a Class A CDL from Illinois. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Lesco R. Chubb

    Mr. Chubb, 68, has had a central retinal vein occlusion in his left 
eye since 2006. The visual acuity in his right eye is 20/20, and in his 
left eye, hand motion. Following an examination in 2016, his 
optometrist stated that Mr. Chubb does have sufficient vision to 
perform the driving tasks required to operate a CMV. Mr. Chubb reported 
that he has driven tractor-trailer combinations for 28 years, 
accumulating 3.5 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.

Stephen M. Currie

    Mr. Currie, 60, has a prosthetic right eye due to a traumatic 
incident in 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, ``Mr. Currie has operated a commercial 
vehicle with his prosthetic right eye for years. Nothing has changed in 
his vision or peripheral vision to indicate that he cannot continue to 
operate in the same capacity he has been operating for the past several 
years.'' Mr. Currie reported that he has driven straight trucks for 26 
years, accumulating 1.09 million miles. He holds a Class B CDL from 
Texas. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Thomas C. Fitzpatrick

    Mr. Fitzpatrick, 72, has had amblyopia in his right eye since 
birth. The visual acuity in his right eye is 20/50, and in his left 
eye, 20/25. Following an examination in 2016, his optometrist stated, 
``Mr. Fitzpatrick is able to recognize colors and has no visual 
deficiencies that would be any hazard to commercial driving.'' Mr. 
Fitzpatrick reported that he has driven straight trucks for 41 years, 
accumulating 143,500 miles, and tractor-trailer combinations for 46 
years, accumulating 253,000 miles. He holds a Class A CDL from Maine. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Robert D. Hattabaugh

    Mr. Hattabaugh, 53, has complete loss of vision in his right eye 
due to a traumatic incident in 2006. 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 that Mr. Hattabaugh 
does have sufficient vision to perform the driving tasks required to 
operate a CMV. Mr. Hattabaugh reported that he has driven straight 
trucks for 30 years, accumulating 90,000 miles. He holds a Class A CDL 
from Arkansas. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Wade R. Higgins

    Mr. Higgins, 62, has complete loss of vision 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, no light perception. Following an 
examination in 2016, his ophthalmologist stated, ``Patient has 
sufficient vision to perform driving tasks of commercial vehicle 
[sic].'' Mr. Higgins reported that he has driven straight trucks for 5 
years, accumulating 500,000 miles. He holds an operator's license from 
North Carolina. His driving record for the last 3 years shows one crash 
and no convictions for moving violations in a CMV.

Daniel L. Holman

    Mr. Holman, 46, has complete loss of vision in his right eye due to 
a traumatic incident in 1997. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/15. Following an examination 
in 2016, his ophthalmologist stated, ``In my medical opinion Mr. Holman 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Holman reported that he has driven straight 
trucks for 9 years, accumulating 180,000 miles. He holds a Class B CDL 
from Utah. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Don N. Hood

    Mr. Hood, 64, has had a corneal scar in his right eye since 1997. 
The visual acuity in his right eye is 20/70, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``In my 
medical opinion Mr [sic] hood has more than adequate VA [sic] to 
operate [sic] commercial vehicle.'' Mr. Hood reported that he has 
driven straight trucks for 27 years,

[[Page 13047]]

accumulating 280,800 miles, tractor-trailer combinations for 20 years, 
accumulating 100,000 miles, and buses for 1 year, accumulating 60 
miles. He holds a Class A CDL from Arkansas. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

James S. Hummel

    Mr. Hummel, 66, has phthisis bulbi 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 optometrist stated, ``In summary, he has 20/20 
uncorrected and corrected vision in his left eye and no vision in the 
right eye, a well-preserved visual field, and normal color testing that 
qualifies him to drive a commercial vehicle.'' Mr. Hummel reported that 
he has driven straight trucks for 41 years, accumulating 410,000 miles, 
and tractor-trailer combinations for 3 years, accumulating 6,000 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 R. Martin

    Mr. Martin, 63, has a cataract in his right eye since birth. The 
visual acuity in his right eye is count fingers, and in his left eye, 
20/20. Following an examination in 2016, his ophthalmologist stated, 
``Mr. Martin has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Martin reported that he 
has driven tractor-trailer combinations for 3 years, accumulating 
279,000 miles. He holds a Class AM CDL from Virginia. His driving 
record for the last 3 years shows one crash and no convictions for 
moving violations in a CMV.

James C. Montgomery

    Mr. Montgomery, 51, has a retinal scar in his right eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/150, and in his left eye, 20/15. Following an examination in 2016, 
his optometrist stated, ``From a visual standpoint, my medical opinion 
is that that [sic] he has the ability to sufficiently perform the 
driving tasks required to operate a commercial vehicle.'' Mr. 
Montgomery reported that he has driven straight trucks for 8 years, 
accumulating 5,600 miles, and tractor-trailer combinations for 2 years, 
accumulating 16,800. 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.

Huber N. Pena Ortega

    Mr. Pena Ortega, 32, 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, 
``It is my medical opinion that Huber Ortega has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Pena Ortega reported that he has driven straight trucks for 10 
years, accumulating 200,000 miles, and tractor-trailer combinations for 
5 years, accumulating 110,000 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.

Garry W. Perkins

    Mr. Perkins, 58, 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 2017, his optometrist stated, ``It is in my 
professional opinion that due to the non-progressive congenital 
condition of refractive amblyopia in Mr. Perkins left eye and overall 
visual field status and corrected vision OD that there are no visual 
concerns for Mr. Perkins to operate a commercial vehicle.'' Mr. Perkins 
reported that he has driven straight trucks for 30 years, accumulating 
300,000 miles. He holds an operator's license from New Hampshire. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Charles M. Reese

    Mr. Reese, 31, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/400, and in his left eye, 20/20. 
Following an examination in 2016, his optometrist stated, ``I do 
believe that Mr. Reese has sufficient vision to drive and operate a 
commercial vehicle.'' Mr. Reese reported that he has driven straight 
trucks for 5 years, accumulating 100,000 miles, and tractor-trailer 
combinations for 6 years, accumulating 150,000 miles. He holds a Class 
A CDL from Utah. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Wilbur Robinson, Jr.

    Mr. Robinson, 60, has complete loss of vision in his right eye due 
to a traumatic incident in 1975. 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, ``Patient has sufficient 
vision to drive commercial truck.'' Mr. Robinson reported that he has 
driven straight trucks for 10 years, accumulating 180,000 miles. He 
holds a Class B CDL from New Jersey. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Thomas R. Test

    Mr. Test, 38, has had complete loss of vision in his right eye due 
to a traumatic incident 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, ``In my medical opinion, 
Mr. Thomas R. Test has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Test reported that he 
has driven straight trucks for 17 years, accumulating 2.6 million 
miles. He holds a Class AM CDL from Virginia. His driving record for 
the last 3 years shows no crashes and one conviction for speeding in a 
CMV; he exceeded the speed limit by 10 MPH.

Steven L. Tiefenthaler

    Mr. Tiefenthaler, 56, has a toxoplasmosis scar in his right eye 
since childhood. The visual acuity in his right eye is 20/70, and in 
his left eye, 20/20. Following an examination in 2016, his 
ophthalmologist stated, ``I certify that, in my medical opinion, this 
patient has sufficient vision to operate a commercial motor vehicle.'' 
Mr. Tiefenthaler reported that he has driven straight trucks for 10 
years, accumulating 80,000 miles, tractor-trailer combinations for 25 
years, accumulating 3.25 million miles, and buses for 2 years, 
accumulating 1,600 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.

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

[[Page 13048]]

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-2016-0377 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-2016-0377 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: February 28, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04525 Filed 3-7-17; 8:45 am]
BILLING CODE 4910-EX-P
Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices 13045

FR 180; 72 FR 7111; 72 FR 9397; 74 FR 2000–7918; FMCSA–2000–8398; DEPARTMENT OF TRANSPORTATION
6211; 74 FR 6212; 75 FR 77942; 76 FR FMCSA–2002–13411; FMCSA–2006–
5425; 76 FR 9861; 78 FR 10250; 80 FR 24015; FMCSA–2006–25246; FMCSA– Federal Motor Carrier Safety
6162; 80 FR 7679; 80 FR 20562): 2008–0266; FMCSA–2008–0340; Administration
Jason P. Atwater (UT) FMCSA–2010–0385. Their exemptions [Docket No. FMCSA–2016–0377]
Barry W. Borger (PA) are effective as of March 23, 2017, and
William W. Dugger (KY) will expire on March 23, 2019. Qualification of Drivers; Exemption
Steven D. Ellsworth (IL) Applications; Vision
Conditions and Requirements
Glen T. Garrabrant (NJ)
Richard A. Guthrie (MT) AGENCY: Federal Motor Carrier Safety
The exemptions are extended subject
Abdalla M. Jalili (IL) Administration (FMCSA), DOT.
to the following conditions: (1) Each
Alan L. Johnston (IL) driver must undergo an annual physical ACTION: Notice of applications for
David M. Krause (WI) examination (a) by an ophthalmologist exemptions; request for comments.
Stephen C. Martin (PA) or optometrist who attests that the
James E. Menz (NY) SUMMARY: FMCSA announces receipt of
vision in the better eye continues to applications from 17 individuals for
Ronald M. Metzger (NY)
meet the requirements in 49 CFR exemption from the vision requirement
Gerald D. Milner (IL)
391.41(b)(10), and (b) by a certified in the Federal Motor Carrier Safety
Ali Nimer (IL)
Medical Examiner, as defined by 49 CFR Regulations. They are unable to meet
Richard A. Pierce (MO)
Rance A. Powell (AL) 390.5, who attests that the driver is the vision requirement in one eye for
Shannon E. Rasmussen (WY) otherwise physically qualified under 49 various reasons. The exemptions will
Richard P. Rebel (ND) CFR 391.41; (2) each driver must enable these individuals to operate
Mustafa Shahadeh (OH) provide a copy of the ophthalmologist’s commercial motor vehicles (CMVs) in
Charles P. Smith (MO) or optometrist’s report to the Medical interstate commerce without meeting
Timothy R. Tedford (IL) Examiner at the time of the annual the prescribed vision requirement in
Melvin L. Vaughn (WI) medical examination; and (3) each one eye. If granted, the exemptions
Rick L. Wood (PA) driver must provide a copy of the would enable these individuals to
The drivers were included on the annual medical certification to the qualify as drivers of commercial motor
following dockets: Docket No. FMCSA– employer for retention in the driver’s vehicles (CMVs) in interstate commerce.
2000–7918; FMCSA–2006–25246; qualification file and retains a copy of
DATES: Comments must be received on
FMCSA–2010–0385; FMCSA–2014– the certification on his/her person while or before April 7, 2017. All comments
0301. Their exemptions are effective as driving for presentation to a duly will be investigated by FMCSA. The
of March 7, 2017, and will expire on authorized Federal, State, or local exemptions will be issued the day after
March 7, 2019. enforcement official. The exemption the comment period closes.
As of March 23, 2017, and in will be rescinded if: (1) The person fails
ADDRESSES: You may submit comments
accordance with 49 U.S.C. 31136(e) and to comply with the terms and
conditions of the exemption; (2) the bearing the Federal Docket Management
31315, the following 15 individuals System (FDMS) Docket No. FMCSA–
have satisfied the conditions for exemption has resulted in a lower level
of safety than was maintained before it 2016–0377 using any of the following
obtaining a renewed exemption from the methods:
vision requirements (65 FR 66286; 65 was granted; or (3) continuation of the
exemption would not be consistent with • Federal eRulemaking Portal: Go to
FR 78256; 66 FR 13825; 66 FR 16311; http://www.regulations.gov. Follow the
67 FR 76439; 68 FR 10298; 68 FR 13360; the goals and objectives of 49 U.S.C.
31136(e) and 31315. on-line instructions for submitting
70 FR 7545; 70 FR 12265; 71 FR 14566; comments.
71 FR 30227; 72 FR 180; 72 FR 7812; 72 IV. Preemption • Mail: Docket Management Facility;
FR 9397; 72 FR 11426; 73 FR 27014; 73 U.S. Department of Transportation, 1200
FR 51689; 73 FR 63047; 73 FR 75803; During the period the exemption is in New Jersey Avenue SE., West Building
74 FR 6209; 74 FR 6689; 74 FR 8302; 75 effect, no State shall enforce any law or Ground Floor, Room W12–140,
FR 77942; 75 FR 77949; 76 FR 4413; 76 regulation that conflicts with this Washington, DC 20590–0001.
FR 5425; 76 FR 9859; 76 FR 9861; 76 FR exemption with respect to a person • Hand Delivery: West Building
11215; 78 FR 8689; 78 FR 12822; 78 FR operating under the exemption. Ground Floor, Room W12–140, 1200
14410; 80 FR 15859): New Jersey Avenue SE., Washington,
VI. Conclusion
Howard K. Bradley (VA) DC, between 9 a.m. and 5 p.m., e.t.,
Willie Burnett, Jr. (FL) Based upon its evaluation of the 62 Monday through Friday, except Federal
Marcus L. Conner (TX) exemption applications, FMCSA renews Holidays.
Thomas G. Danclovic (MO) the exemptions of the aforementioned • Fax: 1–202–493–2251.
Donald K. Driscoll (MA) drivers from the vision requirement in Instructions: Each submission must
William G. Holland (AR) 49 CFR 391.41(b)(10), subject to the include the Agency name and the
Gerald D. Larson requirements cited above (49 CFR docket numbers for this notice. Note
Thomas F. Marczewski (WI) 391.64(b)). In accordance with 49 U.S.C. that all comments received will be
Roy E. Mathews (FL) 31136(e) and 31315, each exemption posted without change to http://
James T. McGraw, Jr. (PA) will be valid for two years unless www.regulations.gov, including any
mstockstill on DSK3G9T082PROD with NOTICES

Robert S. Metcalf (AZ) revoked earlier by FMCSA. personal information provided. Please
Bobby G. Pool, Sr. (TX) see the Privacy Act heading below for
Issued on: February 28, 2017.
Steve A. Reece (TN) further information.
Jeremichael Steele (NC) Larry W. Minor,
Docket: For access to the docket to
Wade D. Taylor (MO) Associate Administrator for Policy. read background documents or
The drivers were included on the [FR Doc. 2017–04527 Filed 3–7–17; 8:45 am] comments, go to http://
following dockets: Docket No. FMCSA– BILLING CODE 4910–EX–P www.regulations.gov at any time or

VerDate Sep<11>2014 17:34 Mar 07, 2017 Jkt 241001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\08MRN1.SGM 08MRN1
13046 Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices

Room W12–140 on the ground level of patient Chad Burnett for a complete eye convictions for moving violations in a
the West Building, 1200 New Jersey vision and health exam on 5–3–2016, I CMV.
Avenue SE., Washington, DC, between 9 feel Chad would be visually qualified to
Robert D. Hattabaugh
a.m. and 5 p.m., e.t., Monday through obtain his CMV license for driving.’’ Mr.
Friday, except Federal holidays. The Burnett reported that he has driven Mr. Hattabaugh, 53, has complete loss
FDMS is available 24 hours each day, straight trucks for 12 years, of vision in his right eye due to a
365 days each year. If you want accumulating 720,000 miles. He holds a traumatic incident in 2006. The visual
acknowledgment that we received your Class A CDL from Illinois. His driving acuity in his right eye is no light
comments, please include a self- record for the last 3 years shows no perception, and in his left eye, 20/20.
addressed, stamped envelope or crashes and no convictions for moving Following an examination in 2016, his
postcard or print the acknowledgement violations in a CMV. ophthalmologist stated that Mr.
page that appears after submitting Hattabaugh does have sufficient vision
Lesco R. Chubb to perform the driving tasks required to
comments on-line.
Privacy Act: In accordance with 5 Mr. Chubb, 68, has had a central operate a CMV. Mr. Hattabaugh reported
U.S.C. 553(c), DOT solicits comments retinal vein occlusion in his left eye that he has driven straight trucks for 30
from the public to better inform its since 2006. The visual acuity in his years, accumulating 90,000 miles. He
rulemaking process. DOT posts these right eye is 20/20, and in his left eye, holds a Class A CDL from Arkansas. His
comments, without edit, including any hand motion. Following an examination driving record for the last 3 years shows
personal information the commenter in 2016, his optometrist stated that Mr. no crashes and no convictions for
provides, to www.regulations.gov, as Chubb does have sufficient vision to moving violations in a CMV.
described in the system of records perform the driving tasks required to Wade R. Higgins
notice (DOT/ALL–14 FDMS), which can operate a CMV. Mr. Chubb reported that
be reviewed at www.dot.gov/privacy. Mr. Higgins, 62, has complete loss of
he has driven tractor-trailer
FOR FURTHER INFORMATION CONTACT: Ms.
vision in his left eye due to a traumatic
combinations for 28 years, accumulating
Christine A. Hydock, Chief, Medical incident in childhood. The visual acuity
3.5 million miles. He holds a Class A
Programs Division, (202) 366–4001, in his right eye is 20/20, and in his left
CDL from Georgia. His driving record
fmcsamedical@dot.gov, FMCSA, eye, no light perception. Following an
for the last 3 years shows no crashes and
Department of Transportation, 1200 examination in 2016, his
no convictions for moving violations in
New Jersey Avenue SE., Room W64– ophthalmologist stated, ‘‘Patient has
a CMV.
113, Washington, DC 20590–0001. sufficient vision to perform driving
Office hours are 8:30 a.m. to 5 p.m., e.t., Stephen M. Currie tasks of commercial vehicle [sic].’’ Mr.
Monday through Friday, except Federal Higgins reported that he has driven
Mr. Currie, 60, has a prosthetic right
holidays. If you have questions straight trucks for 5 years, accumulating
eye due to a traumatic incident in 1989.
regarding viewing or submitting 500,000 miles. He holds an operator’s
The visual acuity in his right eye is no
material to the docket, contact Docket license from North Carolina. His driving
light perception, and in his left eye, 20/
Services, telephone (202) 366–9826. record for the last 3 years shows one
20. Following an examination in 2016,
crash and no convictions for moving
SUPPLEMENTARY INFORMATION: his optometrist stated, ‘‘Mr. Currie has
violations in a CMV.
operated a commercial vehicle with his
I. Background
prosthetic right eye for years. Nothing Daniel L. Holman
Under 49 U.S.C. 31136(e) and 31315, has changed in his vision or peripheral Mr. Holman, 46, has complete loss of
FMCSA may grant an exemption from vision to indicate that he cannot vision in his right eye due to a traumatic
the Federal Motor Carrier Safety continue to operate in the same capacity incident in 1997. The visual acuity in
Regulations for a 2-year period if it finds he has been operating for the past his right eye is no light perception, and
‘‘such exemption would likely achieve a several years.’’ Mr. Currie reported that in his left eye, 20/15. Following an
level of safety that is equivalent to or he has driven straight trucks for 26 examination in 2016, his
greater than the level that would be years, accumulating 1.09 million miles. ophthalmologist stated, ‘‘In my medical
achieved absent such exemption.’’ He holds a Class B CDL from Texas. His opinion Mr. Holman has sufficient
FMCSA can renew exemptions at the driving record for the last 3 years shows vision to perform the driving tasks
end of each 2-year period. The 17 no crashes and no convictions for required to operate a commercial
individuals listed in this notice have moving violations in a CMV. vehicle.’’ Mr. Holman reported that he
each requested such an exemption from
Thomas C. Fitzpatrick has driven straight trucks for 9 years,
the vision requirement in 49 CFR
accumulating 180,000 miles. He holds a
391.41(b)(10), which applies to drivers Mr. Fitzpatrick, 72, has had Class B CDL from Utah. His driving
of CMVs in interstate commerce. amblyopia in his right eye since birth. record for the last 3 years shows no
Accordingly, the Agency will evaluate The visual acuity in his right eye is 20/ crashes and no convictions for moving
the qualifications of each applicant to 50, and in his left eye, 20/25. Following violations in a CMV.
determine whether granting an an examination in 2016, his optometrist
exemption will achieve the required stated, ‘‘Mr. Fitzpatrick is able to Don N. Hood
level of safety mandated by statute. recognize colors and has no visual Mr. Hood, 64, has had a corneal scar
II. Qualifications of Applicants deficiencies that would be any hazard to in his right eye since 1997. The visual
commercial driving.’’ Mr. Fitzpatrick acuity in his right eye is 20/70, and in
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Chad C. Burnett reported that he has driven straight his left eye, 20/20. Following an
Mr. Burnett, 41, has had amblyopia in trucks for 41 years, accumulating examination in 2016, his optometrist
his left eye since childhood. The visual 143,500 miles, and tractor-trailer stated, ‘‘In my medical opinion Mr [sic]
acuity in his right eye is 20/20, and in combinations for 46 years, accumulating hood has more than adequate VA [sic]
his left eye, 20/50. Following an 253,000 miles. He holds a Class A CDL to operate [sic] commercial vehicle.’’
examination in 2016, his optometrist from Maine. His driving record for the Mr. Hood reported that he has driven
stated, ‘‘After careful assessment of last 3 years shows no crashes and no straight trucks for 27 years,

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Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices 13047

accumulating 280,800 miles, tractor- Huber N. Pena Ortega truck.’’ Mr. Robinson reported that he
trailer combinations for 20 years, Mr. Pena Ortega, 32, has had has driven straight trucks for 10 years,
accumulating 100,000 miles, and buses amblyopia in his right eye since birth. accumulating 180,000 miles. He holds a
for 1 year, accumulating 60 miles. He The visual acuity in his right eye is 20/ Class B CDL from New Jersey. His
holds a Class A CDL from Arkansas. His 200, and in his left eye, 20/20. driving record for the last 3 years shows
driving record for the last 3 years shows Following an examination in 2016, his no crashes and no convictions for
no crashes and no convictions for optometrist stated, ‘‘It is my medical moving violations in a CMV.
moving violations in a CMV. opinion that Huber Ortega has sufficient Thomas R. Test
James S. Hummel vision to perform the driving tasks
required to operate a commercial Mr. Test, 38, has had complete loss of
Mr. Hummel, 66, has phthisis bulbi in vision in his right eye due to a traumatic
vehicle.’’ Mr. Pena Ortega reported that
his right eye due to a traumatic incident incident childhood. The visual acuity in
he has driven straight trucks for 10
in childhood. The visual acuity in his his right eye is no light perception, and
years, accumulating 200,000 miles, and
right eye is no light perception, and in in his left eye, 20/20. Following an
tractor-trailer combinations for 5 years,
his left eye, 20/20. Following an examination in 2016, his optometrist
accumulating 110,000 miles. He holds a
examination in 2016, his optometrist stated, ‘‘In my medical opinion, Mr.
Class A CDL from Colorado. His driving
stated, ‘‘In summary, he has 20/20 Thomas R. Test has sufficient vision to
record for the last 3 years shows no
uncorrected and corrected vision in his perform the driving tasks required to
crashes and no convictions for moving
left eye and no vision in the right eye, operate a commercial vehicle.’’ Mr. Test
violations in a CMV.
a well-preserved visual field, and reported that he has driven straight
normal color testing that qualifies him Garry W. Perkins trucks for 17 years, accumulating 2.6
to drive a commercial vehicle.’’ Mr. Mr. Perkins, 58, has had amblyopia in million miles. He holds a Class AM CDL
Hummel reported that he has driven his left eye since birth. The visual acuity from Virginia. His driving record for the
straight trucks for 41 years, in his right eye is 20/20, and in his left last 3 years shows no crashes and one
accumulating 410,000 miles, and eye, 20/200. Following an examination conviction for speeding in a CMV; he
tractor-trailer combinations for 3 years, in 2017, his optometrist stated, ‘‘It is in exceeded the speed limit by 10 MPH.
accumulating 6,000 miles. He holds a my professional opinion that due to the
Class AM CDL from Pennsylvania. His Steven L. Tiefenthaler
non-progressive congenital condition of
driving record for the last 3 years shows refractive amblyopia in Mr. Perkins left Mr. Tiefenthaler, 56, has a
no crashes and no convictions for eye and overall visual field status and toxoplasmosis scar in his right eye since
moving violations in a CMV. corrected vision OD that there are no childhood. The visual acuity in his right
visual concerns for Mr. Perkins to eye is 20/70, and in his left eye, 20/20.
Robert R. Martin
operate a commercial vehicle.’’ Mr. Following an examination in 2016, his
Mr. Martin, 63, has a cataract in his Perkins reported that he has driven ophthalmologist stated, ‘‘I certify that,
right eye since birth. The visual acuity straight trucks for 30 years, in my medical opinion, this patient has
in his right eye is count fingers, and in accumulating 300,000 miles. He holds sufficient vision to operate a
his left eye, 20/20. Following an an operator’s license from New commercial motor vehicle.’’ Mr.
examination in 2016, his Hampshire. His driving record for the Tiefenthaler reported that he has driven
ophthalmologist stated, ‘‘Mr. Martin has last 3 years shows no crashes and no straight trucks for 10 years,
sufficient vision to perform the driving convictions for moving violations in a accumulating 80,000 miles, tractor-
tasks required to operate a commercial CMV. trailer combinations for 25 years,
vehicle.’’ Mr. Martin reported that he accumulating 3.25 million miles, and
has driven tractor-trailer combinations Charles M. Reese buses for 2 years, accumulating 1,600
for 3 years, accumulating 279,000 miles. Mr. Reese, 31, has had amblyopia in miles. He holds a Class A CDL from
He holds a Class AM CDL from Virginia. his right eye since birth. The visual Iowa. His driving record for the last 3
His driving record for the last 3 years acuity in his right eye is 20/400, and in years shows no crashes and no
shows one crash and no convictions for his left eye, 20/20. Following an convictions for moving violations in a
moving violations in a CMV. examination in 2016, his optometrist CMV.
James C. Montgomery stated, ‘‘I do believe that Mr. Reese has
sufficient vision to drive and operate a III. Public Participation and Request for
Mr. Montgomery, 51, has a retinal scar commercial vehicle.’’ Mr. Reese Comments
in his right eye due to a traumatic reported that he has driven straight FMCSA encourages you to participate
incident in childhood. The visual acuity trucks for 5 years, accumulating 100,000 by submitting comments and related
in his right eye is 20/150, and in his left miles, and tractor-trailer combinations materials.
eye, 20/15. Following an examination in for 6 years, accumulating 150,000 miles.
2016, his optometrist stated, ‘‘From a Submitting Comments
He holds a Class A CDL from Utah. His
visual standpoint, my medical opinion driving record for the last 3 years shows If you submit a comment, please
is that that [sic] he has the ability to no crashes and no convictions for include the docket number for this
sufficiently perform the driving tasks moving violations in a CMV. notice, indicate the specific section of
required to operate a commercial this document to which each comment
vehicle.’’ Mr. Montgomery reported that Wilbur Robinson, Jr. applies, and provide a reason for each
he has driven straight trucks for 8 years, Mr. Robinson, 60, has complete loss suggestion or recommendation. You
mstockstill on DSK3G9T082PROD with NOTICES

accumulating 5,600 miles, and tractor- of vision in his right eye due to a may submit your comments and
trailer combinations for 2 years, traumatic incident in 1975. The visual material online or by fax, mail, or hand
accumulating 16,800. He holds a Class acuity in his right eye is no light delivery, but please use only one of
A CDL from Tennessee. His driving perception, and in his left eye, 20/20. these means. FMCSA recommends that
record for the last 3 years shows no Following an examination in 2016, his you include your name and a mailing
crashes and no convictions for moving optometrist stated, ‘‘Patient has address, an email address, or a phone
violations in a CMV. sufficient vision to drive commercial number in the body of your document

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Document Created: 2017-03-08 05:06:36
Document Modified: 2017-03-08 05:06:36
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 April 7, 2017. 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		82 FR 13045
82 FR 13045 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 44 (March 8, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
