
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70253-70256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24447]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0208]


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 November 10, 2016. All 
comments will be investigated by FMCSA. The exemptions will be issued 
the day after the comment period closes.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2016-0208 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, 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

[[Page 70254]]

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

Randal D. Aukes

    Mr. Aukes, 57, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/400. 
Following an examination in 2016, his optometrist stated, ``In my 
professional medical opinion I believe Randal Aukes has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Aukes reported that he has driven straight trucks for 35 
years, accumulating 35,000 miles, and tractor-trailer combinations for 
35 years, accumulating 3.85 million 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.

Joseph A. Baker

    Mr. Baker, 37, has a prosthetic 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 optometrist stated, ``It is my opinion that Mr. Baker has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Baker reported that he has driven straight 
trucks for 13 years, accumulating 650 miles, and tractor-trailer 
combinations for 13 years, accumulating 1.95 million miles. He holds a 
Class A CDL from Kansas. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Keith D. Blackwell

    Mr. Blackwell, 59, has had glaucoma in his right eye due to a 
retinal detachment since 2009. 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, ``I certify that in my medical 
opinion, Mr [sic] Blackwell has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Blackwell 
reported that he has driven straight trucks for 2 years, accumulating 
20,000 miles and tractor-trailer combinations for 28 years, 
accumulating 3.36 million miles. He holds a Class A CDL from Texas. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Gerald D. Bowser

    Mr. Bowser, 62, has had a macular scar in his right eye due to a 
traumatic incident in 1966. 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 feel Gerald is more than capable to drive a 
commercial vehicle efficiently concerning his visual capability.'' Mr. 
Bowser reported that he has driven straight trucks for 43 years, 
accumulating 645,000 miles, and tractor-trailer combinations for 10 
years, accumulating 250,000 miles. He holds an operator's license from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Kathy J. Brown

    Ms. Brown, 55, has had amblyopia in her right eye since childhood. 
The visual acuity in her right eye is 20/300, and in her left eye, 20/
20. Following an examination in 2016, her optometrist stated, 
``Visually evaluated I feel that this patient is able to perform the 
tasks required to operate a commercial motor vehicle due to the full 
visual field in each eye and ability to achieve 20/20-1 in the left 
eye'' Ms. Brown reported that she has driven straight trucks for 4 
years, accumulating 50,000 miles. She holds an operator's license from 
Ohio. Her driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Louis J. Cullen, Jr.

    Mr. Cullen, 71, has complete loss of vision in his left eye due to 
a traumatic incident in 1968. The visual acuity in his right eye is 20/
25, and in his left eye, no light perception. Following an examination 
in 2016, his optometrist stated, ``I believe Mr. Cullen has sufficient 
vision to perform his job and driving tasks required to drive a 
commercial vehicle.'' Mr. Cullen reported that he has driven straight 
trucks for 50 years, accumulating 15,000 miles, buses for 10 years, 
accumulating 15,000 miles. He holds a Class A CDL from New Jersey. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Edwin P. Davis

    Mr. Davis, 49, has corneal scarring in his right eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
hand motion, and in his left eye, 20/20. Following an examination in 
2016, his optometrist stated, ``Based on these test results, it is my 
opinion that Mr. Davis possesses sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Davis 
reported that he has driven straight trucks for 33 years, accumulating 
429,000 miles, and tractor-trailer combinations for 33 years, 
accumulating 660,000 miles. He holds a Class A CDL from Oregon. His 
driving record for the last 3 years shows one crash, to which he did 
not contribute and for which he was not cited, and no convictions for 
moving violations in a CMV.

Timothy J. Dougherty

    Mr. Dougherty, 55, 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, 
``Based on this it is my professional opinion that Mr. Dougherty has 
adequate activities to visually perform the driving tasks to operate a 
commercial vehicle.'' Mr. Dougherty reported that he has driven 
straight trucks for 4 years, accumulating 40,000 miles, and tractor-
trailer combinations for 2 years, accumulating 52,000 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.

Stephen R. Ehlenburg

    Mr. Ehlenburg, 54, has complete loss of vision in his left eye 
since birth. The visual acuity in his right eye is 20/20, and in his 
left eye, light perception. Following an examination in 2016, his 
ophthalmologist stated, ``He has sufficient vision to operate a 
commercial vehicle.'' Mr. Ehlenburg reported that he has driven 
straight trucks for 5 years, accumulating 300,000 miles, and tractor-
trailer combinations for 15 years, accumulating 1.05 million miles. He 
holds a Class A CDL from

[[Page 70255]]

Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Stanley W. Goble, Jr.

    Mr. Goble, 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/
60. Following an examination in 2016, his optometrist stated, ``I 
certify that it is my medical opinion that Mr. Goble has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Goble reported that he has driven tractor-trailer 
combinations for 22 years, accumulating 1.43 million 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.

William R. Guida

    Mr. Guida, 60, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/200, and in his left eye, 20/15. 
Following an examination in 2016, his optometrist stated, ``I believe 
that William has sufficient vision to perform any driving task required 
to operate a commercial vehicle.'' Mr. Guida reported that he has 
driven straight trucks for 15 years, accumulating 7,500 miles. He holds 
an operator's license from Pennsylvania. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Thomas H. Gysbers

    Mr. Gysbers, 63, has had central vision loss in his left eye due to 
glaucoma 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 
optometrist stated, ``I believe he is well adapted to his vision 
condition and has sufficient vision to safely operate a commercial 
vehicle.'' Mr. Gysbers reported that he has driven straight trucks for 
40 years, accumulating 600,000 miles and tractor-trailer combinations 
for 40 years, accumulating 80,000 miles. He holds a Class ABCDM CDL 
from Wisconsin. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Jerry L. Hayden, Jr.

    Mr. Hayden, Jr., 46, had optic neuritis 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, 20/400. Following an examination in 2016, 
his optometrist stated, ``In my opinion Jerry has stable and sufficient 
vision that is unchanged over the past 11 years to operate a commercial 
vehicle.'' Mr. Hayden reported that he has driven straight trucks for 
22 years, accumulating 220,000 miles. He holds a Class B CDL from Iowa. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

John T. Mabry

    Mr. Mabry, 45, has had chronic microcystic edema and aphakia in his 
left eye since childhood. The visual acuity in his right eye is 20/20, 
and in his left eye, count fingers. Following an examination in 2016, 
his ophthalmologist stated, ``Mr. Mabry meets the visual requirements 
for operation of a commercial vehicle.'' Mr. Mabry reported that he has 
driven buses for 3 years, accumulating 312,000 miles. He holds an 
operator's license from Florida. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Peter E. McDonnell

    Mr. McDonnell, 52, has complete loss of vision in his left eye due 
to a traumatic incident in 2000. 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, ``This letter certifies 
that Peter meets or exceeds the visual requirements needed to operate a 
commercial vehicle.'' Mr. McDonnell reported that he has driven 
straight trucks for 20 years, accumulating 480,000 miles. He holds an 
operator's license from Massachusetts. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

George P. Mendiola

    Mr. Mendiola, 49, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/15, and in his left 
eye, 20/70. Following an examination in 2016, his optometrist stated, 
``In my medical opinion, George has sufficient vision to perform 
driving tasks needed to operate a commercial vehicle.'' Mr. Mendiola 
reported that he has driven straight trucks for 9 years, accumulating 
270,000 miles, and tractor-trailer combinations for 8 years, 
accumulating 80,000 miles. He holds a Class A CDL from California. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Norman D. Mosely

    Mr. Mosely, 57, has had a central retinal vein occlusion in his 
right eye since 2008. The visual acuity in his right eye is 20/60, and 
in his left eye, 20/25. Following an examination in 2016, his 
ophthalmologist stated, ``In my medical opinion his visual acuity and 
field of vision qualifies him to drive a commercial vehicle.'' Mr. 
Mosely reported that he has driven straight trucks for 10 years, 
accumulating 110,000 miles, buses for 19 years, accumulating 320,000 
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.

Joe W. Restine

    Mr. Restine, 53, has complete loss of vision in his left eye due to 
a traumatic incident in 1945. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination 
in 2016, his optometrist stated, ``I, Ed Jones O.D., certify that in my 
medical opinion, Joe Restine, has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Restine 
reported that he has driven straight trucks for 34 years, accumulating 
850,000 miles, tractor-trailer combinations for 32 years, accumulating 
160,000 miles. He holds an operator's license from Oklahoma. His 
driving record for the last 3 years shows no crashes and 1 conviction 
for a moving violation in a CMV; he failed to yield to a traffic 
control device.

Greg D. Schneckloth

    Mr. Schneckloth, 24, has complete loss of vision in his right eye 
since 2000. 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, ``In my opinion, Mr. Scneckloth has sufficient 
vision to perform the driving tasks required to operate a motorized 
vehicle, including commercial vehicles, as long as the current laws 
state that he may do so considering the loss of vision in his right eye 
(if the vision loss does not cause any exclusion of operating 
rights).'' Mr. Schneckloth reported that he has driven straight trucks 
for 3 years, accumulating 31,500 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.

Allen J. Stolz

    Mr. Stolz, 48, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2016, his optometrist stated, ``His 
main problem is amblyopia in the right eye. . .In my opinion, Mr.

[[Page 70256]]

Stolz should be able to get his commercial license.'' Mr. Stolz 
reported that he has driven straight trucks for 1 year, accumulating 
1,000 miles, and tractor-trailer combinations for 18 years, 
accumulating 216,000 miles. He holds a Class ABCDM CDL from Wisconsin. 
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-2016-0208 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-2016-0208 in the ``Keyword'' box and 
click ``Search.'' Next, click ``Open Docket Folder'' button and choose 
the document listed to review. If you do not have access to the 
Internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

     Issued on: September 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-24447 Filed 10-7-16; 8:45 am]
 BILLING CODE 4910-EX-P


