
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Notices]
[Pages 21647-21649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08358]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0025]


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 11 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 May 12, 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-2016-0025 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, 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 11 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

Jose R. Arroyo

    Mr. Arroyo, 46, has had corneal opacity in his 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 2015, his 
optometrist stated, ``He had no color defects and in my medical opinion 
he is able to safely operate a commercial vehicle based in [sic] his 
vision.'' Mr. Arroyo reported that he has driven straight trucks for 12 
years, accumulating 540,000 miles. He holds a Class C operator's 
license from California. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Ronald H. Carey

    Mr. Carey, 54, has had decreased vision in his right eye since 
2011. The visual acuity in his right eye is 20/200, and in his left 
eye, 20/25. Following an examination in 2016, his optometrist stated, 
``In my medical opinion Ronald has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Carey 
reported that he has driven straight trucks for 2 years, accumulating 
150,000 miles and tractor-trailer combinations for 27 years, 
accumulating 1.65 million miles. He holds a Class AM CDL from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Valentin S. Chernyy

    Mr. Chernyy, 51, has complete loss of vision in his left eye due to 
a traumatic incident in 1986. 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, ``This certifies in my medical opinion 
that Valentin Chernyy has sufficient vision in his right eye to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Chernyy reported that he has driven straight trucks for 14 years, 
accumulating 980,000 miles. He holds a Class O 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.

Danny R. Floyd

    Mr. Floyd, 56, has had optic atrophy in his right eye since 2012 
due to a traumatic incident. 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

[[Page 21648]]

stated, ``In my medical opinion, Mr. Floyd's condition is stable and he 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Floyd reported that he has driven tractor-
trailer combinations for 30 years, accumulating 2.34 million 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.

Claudia E. Gerez-Bentacourt

    Ms. Gerez-Bentancourt, 39, has had amblyopia in her right eye since 
childhood. The visual acuity in her right eye is 20/200, and in her 
left eye, 20/25. Following an examination in 2015, her ophthalmologist 
stated, ``She was diagnosed with Amblyopia of right eye . . . She is 
able to perform all driving tasks that [sic] required by commercial 
vehicle.'' Ms. Gerez-Bentacourt reported that she has driven tractor-
trailer combinations for 6 years, accumulating 420,000 miles. She holds 
a Class A CDL from Texas. Her driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Andy R. Junod

    Mr. Junod, 62, has had a macular scar in his right eye since 
childhood. The visual acuity in his right eye is 20/70, and in his left 
eye, 20/15. Following an examination in 2016, his ophthalmologist 
stated, ``I certify that the visual deficiency of this gentleman is 
stable and that in my medical opinion, based on the eye exam and his 
driving record which he verbally gives [sic] to me, that he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Junod reported that he has driven straight 
trucks for 5 years, accumulating 120,000 miles and tractor-trailer 
combinations for 34 years, accumulating 3.74 million miles. He holds a 
Class AM CDL from Texas. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Roger W. Kerns III

    Mr. Kerns, 22, has had 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 2016 his optometrist stated, ``In my 
medical opinion, Roger W. Kerns III has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Kerns 
reported that he has driven straight trucks for 2 years, accumulating 
1,000 miles and tractor-trailer combinations for 2 years, accumulating 
200,000 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.

Gary C. Maxwell

    Mr. Maxwell, 73, has had a pigment epithelia detachment in his left 
eye in 2000. The visual acuity in his right eye is 20/25, and in his 
left eye, 20/70. Following an examination in 2015, his ophthalmologist 
stated, ``He has a history of an epiretinal membrane and pigment 
epithelial detachment of his left eye. He has been driving a commercial 
vehicle without difficulty for many years, and I feel that he can 
safely continue to do so without any concerns.'' Mr. Maxwell reported 
that he has driven straight trucks for 2 years, accumulating 80,000 
miles and tractor-trailer combinations for 40 years, accumulating 12 
million 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.

Scott A. Palmer

    Mr. Palmer, 46, 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 my 
medical opinion, Scott Palmer has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Palmer 
reported that he has driven straight trucks for 20 years, accumulating 
800,000 miles. He holds a Class B CDL from New York. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Richard G. Roberts

    Mr. Roberts, 82, has had macular degeneration in his right eye 
since 2008. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/25. Following an examination in 2015, his ophthalmologist 
stated, ``The patient has been able to operate commercial vehicles 
safely for many years, including the last seven years after being 
treated for macular degeneration. There has been no worsening in that 
time, so I believe that patient can continue to operative [sic] the 
same types of vehicles at this time and for the foreseeable future.'' 
Mr. Roberts reported that he has driven straight trucks for 18 years, 
accumulating 140,400 miles. He holds a Class A CDL from California. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Michael R. Tipton

    Mr. Tipton, 61, has had macular atrophy in his left eye since 
childhood. The visual acuity in his right eye is 20/30, and in his left 
eye, 20/200. Following an examination in 2015, his optometrist stated, 
``In summery Mr. Tipton in my opinion is more than able to meet the 
requirements visually for operation of a commercial vehicle.'' Mr. 
Tipton reported that he has driven tractor-trailer combinations for 15 
years, accumulating 20,500 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.

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-2016-0025 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.

[[Page 21649]]

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-2016-0025 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: April 5, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-08358 Filed 4-11-16; 8:45 am]
 BILLING CODE 4910-EX-P


