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Qualification of Drivers; Exemption Applications; Vision

American Government Special Collections Reference Desk

American Government

Qualification of Drivers; Exemption Applications; Vision

Larry W. Minor
Federal Motor Carrier Safety Administration
May 6, 2015


[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)]
[Notices]
[Pages 26139-26142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10605]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0048]


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 26 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 June 5, 2015. 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-2015-0048 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: Charles A. Horan, III, Director, 
Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, 
fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New 
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office 
hours are from 8:30 a.m. to 5 p.m., 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 26 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

R.J. Bauernfeind

    Mr. Bauernfeind, 61, has had a prosthetic left eye since 2009 due 
to amelanotic melanoma. The visual acuity in his right eye is 20/20, 
and in his left eye, no light perception. Following an examination in 
2014, his ophthalmologist stated, ``Mr. Bauernfeind's vision in his 
right eye is sufficient to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Bauernfeind reported that he has 
driven straight trucks for 25 years, accumulating 430,300 miles. He 
holds an operator's license from New York. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Ralph H. Bushman

    Mr. Bushman, 49, has had corneal scarring in his right eye since 
2006 due to a recurrent infection. The visual acuity in his right eye 
is 20/250, and in his left eye, 20/20. Following an examination in 
2014, his optometrist stated, ``Given that his only deficit is to the 
central acuity in the right eye and this has no effect on his 
peripheral vision or effect on his acuity with both eyes open and he is 
stable, it is my opinion that Mr. Bushman has all the visual skills 
necessary to operate a commercial vehicle.'' Mr. Bushman reported that 
he has driven tractor-trailer combinations for 21 years, accumulating 
2.1 million 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.

Stephen M. Cook

    Mr. Cook, 54, has complete loss of vision in his 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 2014, his optometrist stated, ``In my professional opinion,

[[Page 26140]]

Stephen's vision is sufficient to operate a commercial motor vehicle.'' 
Mr. Cook reported that he has driven straight trucks for 36 years, 
accumulating 90,000 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.

Roderick Croft

    Mr. Croft, 39, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/25, and in his left eye, 20/
100. Following an examination in 2014, his optometrist stated, ``In my 
opinion, I feel that Mr. Croft has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Croft 
reported that he has driven tractor-trailer combinations for 16 years, 
accumulating 800,000 miles. He holds a Class A CDL from Florida. His 
driving record for the last 3 years shows no crashes and two 
convictions for moving violations in a CMV; in one instance, he 
exceeded the speed limit by 20 mph; in the other instance, he exceeded 
the speed limit by 12 mph.

Jeffrey S. Daniel

    Mr. Daniel, 44, has had a prosthetic left eye since childhood due 
to Coat's disease. The visual acuity in his right eye is 20/20, and in 
his left eye, no light perception. Following an examination in 2014, 
his optometrist stated, ``In my opinion, Mr. Daniel has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Daniel reported that he has driven straight trucks for 
18 years, accumulating 233,280 miles. He holds an operator's license 
from Virginia. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Lawrence M. Davis

    Mr. Davis, 61, 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 2014, his optometrist stated, ``In my 
opinion Mr. Davis has sufficient vision to perform the driving tasks in 
a commercial vehicle.'' Mr. Davis reported that he has driven straight 
trucks for 27 years, accumulating 135,000 miles, and tractor-trailer 
combinations for 24 years, accumulating 1,200 miles. He holds a Class A 
CDL from Vermont. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Bobby C. Floyd

    Mr. Floyd, 55, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/100, and in his left eye, 20/
20. Following an examination in 2014, his ophthalmologist stated, 
``Based on Color vision by the the pt [sic] today, he is able to 
recognize the colors of traffic signals and devices showing red, green 
and amber. Also, based upon visual field testing done in the office and 
with best correction possible the patient 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 
25 years, accumulating 3.13 million miles. He holds a Class A CDL from 
Tennessee. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Jayme L. Gilbert

    Mr. Gilbert, 54, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
60. Following an examination in 2014, his optometrist stated, ``While 
it is true that Jayme does have reduced visual acuity in the left eye 
due to stable congenital amblyopia, in my professional opinion, this 
would have no effect on his ability to operate a commercial motor 
vehicle in any capacity.'' Mr. Gilbert reported that he has driven 
straight trucks for 35 years, accumulating 2.98 million 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.

Jesse M. Greene

    Mr. Greene, 69, has been pseudophakic secondary to a cataract, 
glaucoma, and an anisometropic amblyopic correction in his left eye due 
to a traumatic incident in 1985. The visual acuity in his right eye is 
20/20, and in his left eye, 20/80. Following an examination in 2014, 
his optometrist stated, ``It is my opinion that Mr. Greene has 
sufficient vision to perform the vision tasks required to operate a 
commercial vehicle in manner and capacity that is needed for his 
present job description.'' Mr. Greene reported that he has driven 
straight trucks for 10 years, accumulating 50,000 miles. He holds an 
operator's license from Tennessee. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

David A. Hayes

    Mr. Hayes, 56, has field of vision loss in his left eye due to a 
stroke that occurred ten years ago. The visual acuity in his right eye 
is 20/25, and in his left eye, 20/40. Following an examination in 2014, 
his ophthalmologist stated, ``Vision Program . . . Since Mr. Hayes has 
been driving for the past 10 years without a traffic accident, it is my 
opinion that he is competent to continue driving.'' Mr. Hayes reported 
that he has driven tractor-trailer combinations for 21 years, 
accumulating 2.08 million miles. He holds a Class AM CDL from Georgia. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

George E. Holbrook

    Mr. Holbrook, 70, has scarring in his left eye due to a traumatic 
incident during childhood. The visual acuity in his right eye is 20/20, 
and in his left eye, 20/200. Following an examination in 2014, his 
ophthalmologist stated, ``In my opinion he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Holbrook reported that he has driven tractor-trailer combinations 
for 41 years, accumulating 1.95 million 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.

James T. Johnson, Jr.

    Mr. Johnson, 39, 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, ``Mr. 
Johnson has moderate refractive amblyopia OS with no visual field 
restriction in either eye . . . in my medical opinion, nothing in these 
findings would indicate a restriction to operating a commercial motor 
vehicle (CMV) not otherwise restricted.'' Mr. Johnson reported that he 
has driven tractor-trailer combinations for 3.2 years, accumulating 
352,000 miles. He holds a Class DA CDL from Kentucky. His driving 
record for the last 3 years shows no crashes and one conviction for a 
moving violation in a CMV; he exceeded the speed limit by 8 mph.

Robert W. Kleve

    Mr. Kleve, 45, has had esotropia 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, 
``Based on his stable vision and ocular health, and his previous

[[Page 26141]]

successful driving record, I feel he is competent to continue driving a 
commercial vehicle.'' Mr. Kleve reported that he has driven straight 
trucks for 5 years, accumulating 97,500 miles. He holds an operator's 
license from Iowa. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Bruce E. Koehn

    Mr. Koehn, 31, has had strabismic amblyopia in his left eye since 
birth. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/80. Following an examination in 2014, his ophthalmologist 
stated, ``Certifies that in his/her medical opinion, you have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle. Safe to drive. He was safe to drive before renewal 
& still is safe!! Nothing has changed!!'' Mr. Koehn reported that he 
has driven straight trucks for 5 years, accumulating 225,000 miles, and 
tractor-trailer combinations for 5 years, accumulating 25,000 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.

Corey S. Kuborn

    Mr. Kuborn, 50, has had esotropia and 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 2014, his 
ophthalmologist stated, ``In my medical opinion, Mr. Corey's vision is 
stable and his visual field is adequate to drive. He should be allowed 
to operate a commercial truck.'' Mr. Kuborn reported that he has driven 
straight trucks for 7 years, accumulating 101,500 miles. He holds an 
operator's license from Illinois. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Collin C. Longacre

    Mr. Longacre, 30, has hyphema in his right eye due to a traumatic 
incident in 2011. The visual acuity in his right eye is 20/70, and in 
his left eye, 20/20. Following an examination in 2014, his 
ophthalmologist stated, ``Mr. Longacre is a 30-year-old male who 
sustained an ocular injury to the right eye in October 2011 . . . If 
these criteria meet the requirement for commercial driver's licensure, 
then I feel that he could operate a commercial vehicle.'' Mr. Longacre 
reported that he has driven straight trucks for 7 years, accumulating 
175,000 miles. He holds a Class BM CDL from Pennsylvania. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Raymond W. Meier

    Mr. Meier, 54, 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/
200. Following an examination in 2015, his optometrist stated, ``Based 
on the above information and testing it is my medical opinion that 
Raymond Meier has sufficient vision to perform the driving tasks to 
operate a commercial vehicle.'' Mr. Meier reported that he has driven 
straight trucks for 17 years, accumulating 153,000 miles, and tractor-
trailer combinations for two years, accumulating 12,000 miles. He holds 
a Class A CDL from Washington. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Michael L. Penrod

    Mr. Penrod, 65, has strabismus and a cataract 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, light perception. Following an 
examination in 2014, his optometrist stated, ``Pending the results of 
formal visual field testing which is being performed at a different 
office, my opinion is such that Mr. Penrod is fully capable and of 
sufficient vision to perform the driving tasks required to operate a 
comercial [sic] vehicle.'' Mr. Penrod reported that he has driven 
tractor-trailer combinations for 39 years, accumulating 975,000 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.

Harry M. Pierson, Jr.

    Mr. Pierson, 66, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/100, and in his left eye, 20/
20. Following an examination in 2014, his ophthalmologist stated, ``He 
does not have any other conditions of concern and I believe his visual 
function is adequate to operate a commercial vehicle.'' Mr. Pierson 
reported that he has driven straight trucks for 12 years, accumulating 
240,000 miles, and tractor-trailer combinations for 8 years, 
accumulating 240,000 miles. 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.

Daniel A. Pyle

    Mr. Pyle, 56, has had strabismic 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 2014, his optometrist stated, 
``In my professional opinion this condition (left esotropia/lazy eye) 
is stable. Because this individual has adapted to this long standing 
condition, I feel Daniel has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Pyle reported that he 
has driven straight trucks for 40 years, accumulating 200,000 miles, 
and tractor-trailer combinations for 10 years, accumulating 150,000 
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.

David P. Ramos

    Mr. Ramos, 38, has a torn retina 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, 20/800. Following an examination in 2014, his 
optometrist stated, ``To summarize, in my opinion, Mr. Ramos should 
have sufficient vision to perform commercial driving tasks.'' Mr. Ramos 
reported that he has driven straight trucks for 8.5 years, accumulating 
255,000 miles. He holds an 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.

Jimmy L. Stevens

    Mr. Stevens, 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/
150. Following an examination in 2014, his optometrist stated, ``Left 
eye decreased vision is long-standing, 2007 by our records and longer 
according to patient, but is stable. It is my opinion that the patient 
is capable to operate a commercial vehicle at this time; however, to 
ensure safety in the future, we do recommend annual eye examination.'' 
Mr. Stevens reported that he has driven straight trucks for 28 years, 
accumulating 1.5 million miles. He holds an operator's license from 
South Carolina. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

David B. Stone

    Mr. Stone, 47, has complete loss of vision in his right eye due to 
a traumatic incident in 1984. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2014, his optometrist stated, ``After completing my exam on David 
Stone on October 6, 2014, it is my

[[Page 26142]]

opinion that he is capable of safely operating a commercial motor 
vehicle.'' Mr. Stone reported that he has driven straight trucks for 30 
years, accumulating 150,000 miles, and tractor-trailer combinations for 
25 years, accumulating 125,000 miles. He holds a Class A CDL from 
Oklahoma. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Dale G. Stringer

    Mr. Stringer, 53, has had a macular and retinal scar in his left 
eye due to a traumatic incident in 1974. The visual acuity in his right 
eye is 20/20, and in his left eye, 20/200. Following an examination in 
2014, his optometrist stated, ``In my opinion Mr. Stringer's vision 
does not affect him from safely operating a commercial vehicle.'' Mr. 
Stringer reported that he has driven straight trucks for 5 years, 
accumulating 7,655 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.

Carlyle D. Strong

    Mr. Strong, 75, has had wet macular degeneration resulting in a 
macular scar in his right eye since 2010. The visual acuity in his 
right eye is 20/150, and in his left eye, 20/30. Following an 
examination in 2015, his optometrist stated, ``With his 20/30 OU visual 
acuity and normal horizontal field of vision it is my opinion that Mr. 
Strong has sufficient visual abilities to operate a commercial vehicle 
safely.'' Mr. Strong reported that he has driven straight trucks for 
two years, accumulating 160 miles, and tractor-trailer combinations for 
53 years, accumulating 6.5 million miles. He holds a Class A CDL from 
Nebraska. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Michael J. Tauriac, Jr.

    Mr. Tauriac, 39, has had a cataract, retinal detachment, and 
retinal scar in his left eye since 2010. The visual acuity in his right 
eye is 20/20, and in his left eye, counting fingers. Following an 
examination in 2014, his ophthalmologist stated, ``Based on the 
stability of Mr. Tauriac's vision and adjustment to his level of vision 
over the past four years, he seems to have sufficient vision to perform 
the driving required to operate a commercial vehicle.'' Mr. Tauriac 
reported that he has driven straight trucks for 17 years, accumulating 
102,000 miles. He holds a Class A CDL from Louisiana. 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-2015-0048 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 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-2015-0048 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 30, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-10605 Filed 5-5-15; 8:45 am]
 BILLING CODE 4910-EX-P

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