[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Notices]
[Pages 6573-6576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02366]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0348]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 20 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 March 9, 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-2015-0348 using any of the 
following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    <bullet> 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.
    <bullet> 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.
    <bullet> Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#b5d3d8d6c6d4d8d0d1dcd6d4d9f5d1dac19bd2dac3"><span class="__cf_email__" data-cfemail="91f7fcf2e2f0fcf4f5f8f2f0fdd1f5fee5bff6fee7">[email protected]</span></a>, 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 20 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

Lonnie D. Barber

    Mr. Barber, 47, 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/
70. Following an examination in 2015, his ophthalmologist stated, ``In 
my medical

[[Page 6574]]

opinion, Mr. Barber's vision is sufficient to perform the driving tasks 
required to operate a commercial vehicle.''
    Mr. Barber reported that he has driven straight trucks for 10 
years, accumulating 14,000 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.

Thomas M. Bowman

    Mr. Bowman, 50, has had a retinal detachment in his right eye since 
2011. The visual acuity in his right eye is no light perception, and in 
his left eye, 20/20. Following an examination in 2015, his 
ophthalmologist stated, ``In my opinion, Mr. Bowman has sufficient 
vision to perform driving tasks required for a commercial vehicle.''
    Mr. Bowman reported that he has driven straight trucks for 27 
years, accumulating 27,000 miles, and tractor-trailer combinations for 
25 years, accumulating 750,000 miles. He holds a Class A CDL from Ohio. 
His driving record for the last 3 years shows one crash, for which he 
was not cited and to which he did not contribute, and no convictions 
for moving violations in a CMV.

Daniel T. Brown

    Mr. Brown, 48, 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 2015, his optometrist stated, 
``Overall, I think that Mr. Brown has very good visual function and 
life experience, which would allow him to operate a commercial vehicle 
safely, and efficiently.'' Mr. Brown reported that he has driven 
straight trucks for 13 years, accumulating 780,000 miles. He holds a 
Class B CDL from Ohio. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Samuel S. Byler

    Mr. Byler, 53, 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 2015, his optometrist stated, ``In my medical opinion 
with the use of side mirrors the patient should be able to operate a 
commercial vehicle.'' Mr. Byler reported that he has driven straight 
trucks for 12 years, accumulating 360,000 miles, and tractor-trailer 
combinations for 8 years, accumulating 600,000 miles. He holds a Class 
A CDL from Pennsylvania. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Robert Fawcett, Jr.

    Mr. Fawcett, 65, has a retinal detachment in his right eye due to a 
traumatic incident in 1976. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2015, his ophthalmologist stated, ``Mr. Fawcett has sufficient 
vision in his left eye to operate a commercial vehicle.'' Mr. Fawcett 
reported that he has driven straight trucks for 45 years, accumulating 
270,000 miles, and tractor-trailer combinations for 45 years, 
accumulating 450,000 miles. He holds a Class AM CDL from Pennsylvania. 
His driving record for the last 3 years shows 1 crash, for which he was 
not cited and to which he did not contribute, and no convictions for 
moving violations in a CMV.

James T. Friesner, Jr.

    Mr. Friesner, Jr., 47, has had optic nerve hypoplasia in his right 
eye since birth. The visual acuity in his right eye is counting 
fingers, and in his left eye, 20/20. Following an examination in 2015, 
his optometrist stated, ``It is my medical opinion that Mr. Friesner 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Friesner reported that he has driven 
straight trucks for 7 years, accumulating 350,000 miles. He holds an 
operator's license from Ohio. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Harry J. Glynn

    Mr. Glynn, 56, has a corneal transplant and a lensectomy with IOL 
implant in his left eye due to a traumatic incident in 1984. The visual 
acuity in his right eye is 20/20, and in his left eye, 20/70. Following 
an examination in 2015, his optometrist stated, ``Harry Glynn has 
sufficient vision to operate a commercial vehicle in my opinion.'' Mr. 
Glynn reported that he has driven straight trucks for 40 years, 
accumulating 480,000 miles. He holds a chauffer's license from 
Louisiana. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Jerry L. Gray

    Mr. Gray, 51, has a prosthetic left eye due to a traumatic incident 
in 1995. The visual acuity in his right eye is 20/20, and in his left 
eye, no light perception. Following an examination in 2015, his 
optometrist stated, ``It is my professional opinion that Mr. Gray can 
operate any vehicle safely.'' Mr. Gray reported that he has driven 
straight trucks for 32 years, accumulating 1.6 million miles, and 
tractor-trailer combinations for 15 years, accumulating 375,000 miles. 
He holds a Class AMV CDL from Alabama. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Lloyd Hinton

    Mr. Hinton, 63, 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/
300. Following an examination in 2015, his optometrist stated, ``In 
summary, I see no reason to restrict Mr. Hinton's license to drive a 
commercial vehicle for any eye or vision related cause.'' Mr. Hinton 
reported that he has driven straight trucks for 24 years, accumulating 
72,000 miles. He holds a Class BM CDL from New York. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

James M. Knef

    Mr. Knef, 53, 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/
30. Following an examination in 2015, his optometrist stated, ``Since 
this is a longstanding condition, it does not affect his ability to 
drive a commercial vehicle.'' Mr. Knef reported that he has driven 
straight trucks for 28 years, accumulating 1.9 million 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.

Cody McDonnell

    Mr. McDonnell, 24, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, counting fingers. Following an examination in 2015, his 
optometrist stated, ``In summary, in my opinion there is nothing vision 
or eye-related that should prevent Cody from obtaining his CDL and 
driving safely.'' Mr. McDonnell reported that he has driven tractor-
trailer combinations for 3 years. He holds a Class A CDL from Oregon. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Brandon J. Michalko

    Mr. Michalko, 25, has a macular hole in his left eye due to a 
traumatic incident in 2004. The visual acuity in

[[Page 6575]]

his right eye is 20/20, and in his left eye, 20/200. Following an 
examination in 2015, his ophthalmologist stated, ``In my medical 
opinion, I believe he does have sufficient vision to perform a driving 
test required to operate a commercial vehicle.'' Mr. Michalko reported 
that he has driven straight trucks for 8 years, accumulating 416,000 
miles. He holds a Class BM CDL from New York. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

John L. Ratayczak

    Mr. Ratayczak, 50, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/70. Following an examination in 2015, his optometrist stated, 
``In my medical opinion, Mr. Ratayczak has sufficient vision in both 
eyes to operate a commercial vehicle he uses for his job.'' Mr. 
Ratayczak reported that he has driven straight trucks for 15 years, 
accumulating 496,500 miles. He holds a Class D operator's license from 
Wisconsin. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Dennis C. Rokes

    Mr. Rokes, 51, has had macular degeneration in his left eye since 
2012. The visual acuity in his right eye is 20/20, and in his left eye, 
20/400. Following an examination in 2015, his optometrist stated, ``In 
my medical opinion, Mr. Rokes has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Rokes 
reported that he has driven straight trucks for 33 years, accumulating 
297,000 miles, and tractor-trailer combinations for 33 years, 
accumulating 132,000 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.

Brian W. Roughton

    Mr. Roughton, 51, has had a retinal detachment in his left eye 
since birth. The visual acuity in his right eye is 20/20, and in his 
left eye, no light perception. Following an examination in 2015, his 
optometrist stated, ``Again, Mr. Roughton has had this vision defect 
since birth and there are no new changes. I see no reason that it would 
affect his ability to continue driving or affect his DOT physical.'' 
Mr. Roughton reported that he has driven straight trucks for 20 years, 
accumulating 160,000 miles, and tractor-trailer combinations for 20 
years, accumulating 160,000 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.

Eric A. Simonsen

    Mr. Simonsen, 53, has had corneal dystrophy 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 2015, his ophthalmologist 
stated, ``Patient sees well enough to drive a commercial vehicle.'' Mr. 
Simonsen reported that he has driven straight trucks for 35 years, 
accumulating 1.23 million miles. He holds an operator's license from 
SC. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Brian S. Tuttle

    Mr. Tuttle, 43, has had refractive amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/20. Following an examination in 2015, his optometrist 
stated, ``I feel he does see well enough operate a commercial vehicle 
without glasses.'' Mr. Tuttle reported that he has driven straight 
trucks for 15 years, accumulating 300,000 miles. He holds a Class DMB 
CDL from Kentucky. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Steven A. Van Raalte

    Mr. Van Raalte, 57, had a retinal detachment in his left eye in 
1985. The visual acuity in his right eye is 20/20, and in his left eye, 
20/80. Following an examination in 2015, his optometrist stated, ``In 
my opinion, Mr. Van Raalte has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Van Raalte 
reported that he has driven straight trucks for 30 years, accumulating 
57,000 miles, and tractor-trailer combinations for 30 years, 
accumulating 255,000 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.

Marvin L. Wernimont

    Mr. Wernimont, 59, has had a prosthetic left eye since 1979. The 
visual acuity in his right eye is 20/20, and in his left eye, no light 
perception. Following an examination in 2015, his optometrist stated, 
``I certify that in my medical opinion, Marvin has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Wernimont reported that he has driven straight trucks for 17 years, 
accumulating 510,000 miles, and tractor-trailer combinations for 17 
years, accumulating 425,000 miles. He holds a Class A CDL from Iowa. 
His driving record for the last 3 years shows one crash, for which he 
was not cited and to which he did not contribute, and no convictions 
for moving violations in a CMV.

Brian J. Yole

    Mr. Yole, 45, 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 2015, his optometrist stated, ``In my 
opinion, he has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Yole reported that he has driven 
tractor-trailer combinations for 9 years, accumulating 832,500 miles. 
He holds a Class AM CDL from Texas. His driving record for the last 3 
years shows no crashes and 1 conviction for a moving violation in a 
CMV; he exceeded the speed limit by 6 mph.

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-2015-0348 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

[[Page 6576]]

facility, please enclose a stamped, self-addressed postcard or 
envelope.
    FMCSA will consider all comments and material received during the 
comment period and may change this notice based on your comments.

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-2015-0348 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: January 21, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-02366 Filed 2-5-16; 8:45 am]
BILLING CODE 4910-EX-P


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