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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
June 3, 2015


[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Notices]
[Pages 31636-31640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13486]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0049]


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 23 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 July 6, 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-2015-0049 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.

[[Page 31637]]

     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 23 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

Michael J. Altobelli

    Mr. Altobelli, 39, 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 2014, his optometrist stated, 
``Based on the results of his eye examination, Mr. Altobelli has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle safely.'' Mr. Altobelli reported that he has driven 
straight trucks for 21 years, accumulating 420,000 miles. He holds a 
Class B CDL from Connecticut. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Johnny A. Bingham

    Mr. Bingham, 46, has had amblyopia strabismus in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/200. Following an examination in 2015, his optometrist stated, 
``Field of vision in each eye tests 120 degrees in the horizontal 
meridians, and has sufficient vision to perform the driving tasks he is 
required to operate a commercial vehicle.'' Mr. Bingham reported that 
he has driven straight trucks for 8 years, accumulating 4,000 miles, 
and tractor-trailer combinations for 4 years, accumulating 4,000 miles. 
He holds a Class A CDL from North Carolina. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Robert A. Buckley

    Mr. Buckley, 62, has a retinal detachment 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 2015, his optometrist stated, ``Mr. Buckley has 
maintained a commercial license for over forty years with no driving 
incidents. In my opinion, there I [sic] no reason to believe his 
driving skills are diminished due to his long standing monovision.'' 
Mr. Buckley reported that he has driven straight trucks for 45 years, 
accumulating 900,000 miles. He holds an operator's license from 
Indiana. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Allen E. Clark

    Mr. Clark, 27, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/30, and in his left eye, 20/
60. Following an examination in 2014, his ophthalmologist stated, ``In 
my medical opinion, given his stable eye examination, he has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Clark reported that he has driven straight trucks for 
eight years, accumulating 68,000 miles, and tractor-trailer 
combinations for five years, accumulating 12,500 miles. He holds a 
Class A CDL from New York. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Don A. Clymer

    Mr. Clymer, 69, 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 2015, his optometrist stated, ``In my 
opinion, Mr. Clymer has sufficient acuity to operate a commercial 
vehicle.'' Mr. Clymer reported that he has driven straight trucks for 
53 years, accumulating 530,000 miles, and tractor-trailer combinations 
for 53 years, accumulating 1.33 million 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.

Bryan K. Dalton

    Mr. Dalton, 51, 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 2015, his optometrist stated, ``Normal 
VF no issues driving.'' Mr. Dalton reported that he has driven straight 
trucks for 35 years, accumulating 87,500 miles, tractor-trailer 
combinations for 33 years, accumulating 660,000 miles, and buses for 3 
years, accumulating 3,000 miles. He holds a Class A CDL from North 
Carolina. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

[[Page 31638]]

Joseph B. Fry

    Mr. Fry, 27, 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, ``With this 
testing and that performed at the routine eye exam on 1/12/15 the 
patient has sufficient vision to safely perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Fry reported that he 
has driven straight trucks for 4 years, accumulating 10,000 miles, and 
tractor-trailer combinations for 4 years, accumulating 12,000 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.

David B. Ginther

    Mr. Ginther, 58, has had enucleation in his left eye since 2012 due 
to ocular melanoma. 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, ``U.S. Department of Transportation . . . 
Provided these findings [sic], I certify that Mr. Ginther is able to 
perform driving tasks with sufficient vision within your standards.'' 
Mr. Ginther reported that he has driven straight trucks for 40 years, 
accumulating 600,000 miles, and buses for 4 years, accumulating 8,000 
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.

Dominic F. Giordano

    Mr. Giordano, 47, has had strabismic amblyopia in his left eye 
since childhood. The visual acuity in his right eye is 20/30, and in 
his left eye, 20/150. Following an examination in 2014, his optometrist 
stated, ``In my opinion, Mr. Giordano has sufficient vision and 
peripheral field of vision to perform tasks required to operate a 
commercial vehicle.'' Mr. Giordano reported that he has driven straight 
trucks for 4 years, accumulating 200,000 miles, and tractor-trailer 
combinations for 10 years, accumulating 500,000 miles. He holds a Class 
A CDL from Connecticut. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Thomas E. Groves

    Mr. Groves, 53, has had a retinal scar in his right eye since 2013. 
The visual acuity in his right eye is 20/100, and in his left eye, 20/
20. Following an examination in 2014, his optometrist stated, 
``Although Mr. Groves has a moderate amount of decreased central vision 
in the right eye, I believe his overall acuity, depth perception, and 
peripheral vision is sufficient to safely operate a commercial 
vehicle.'' Mr. Groves reported that he has driven straight trucks for 
15 years, accumulating 1.69 million miles, and tractor-trailer 
combinations for 20 years, accumulating 3.5 million miles. He holds a 
Class A CDL from West Virginia. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Jose J. Guzman-Olguin

    Mr. Guzman-Olguin, 47, has had a retinal detachment in his left eye 
since 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, ``In my professional opinion, Mr. Guzman is capable 
of driving a commercial vehicle to the extent his test results conform 
to the law and with any visual aids that are required by law for 
monocular driver.'' Mr. Guzman-Olguin reported that he has driven 
straight trucks for 7 years, accumulating 36,400 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.

Stephen T. Hines

    Mr. Hines, 58, 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 2014, 
his ophthalmologist stated, ``There is no ocular reason that should 
prevent you from operating any motor vehicle.'' Mr. Hines reported that 
he has driven straight trucks for 38 years, accumulating 19,000 miles, 
and tractor-trailer combinations for 35 years, accumulating 2.1 million 
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.

James J. Keranen

    Mr. Keranen, 43, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2014, his optometrist stated, ``It is 
my medical opinion that James Keranan has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Keranen reported that he has driven straight trucks for 16 years, 
accumulating 400,000 miles. He holds a chauffer's license from 
Michigan. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Wesley S. Kilpatrick

    Mr. Kilpatrick, 36, has had angle closure and a retinal detachment 
causing a visual field defect in his right eye since 2012. The visual 
acuity in his right eye is 20/40, and in his left eye, 20/15. Following 
an examination in 2015, his optometrist stated, ``In my opinion [sic], 
Wes Kilpatrick has sufficient vision to perform any task, including the 
driving requirements to operate a commercial vehicle.'' Mr. Kilpatrick 
reported that he has driven straight trucks for 16 years, accumulating 
400,000 miles, tractor-trailer combinations for 16 years, accumulating 
160,000 miles, and buses for 12 years, accumulating 132,000 miles. He 
holds an operator's license from Oklahoma. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Herbert S. Lear

    Mr. Lear, 60, has had aphakia in his right eye since 1990. The 
visual acuity in his right eye is 20/250, and in his left eye, 20/20. 
Following an examination in 2015, his optometrist stated, ``I believe 
that Mr. Lear has sufficient vision to continue to perform the driving 
tasks required to operate a commercial vehicle as he has been doing 
over the past 25 years.'' Mr. Lear reported that he has driven straight 
trucks for 43 years, accumulating 860,000 miles, and tractor-trailer 
combinations for 43 years, accumulating 215,000 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.

Christopher V. May

    Mr. May, 53, has had amblyopia in his left eye since childhood. The 
visual acuity in his right eye is 20/25, and in his left eye, 20/60. 
Following an examination in 2014, his optometrist stated, ``In my 
medical opinion, Mr. Christopher May has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. May 
reported that he has driven straight trucks for 30 years, accumulating 
300,000 miles, and tractor-trailer combinations for 22 years, 
accumulating 880,000 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.

[[Page 31639]]

Nathan C. Nissen

    Mr. Nissen, 35, has corneal scarring and reduced vision in his 
right eye due to a traumatic incident in 2003. The visual acuity in his 
right eye is 20/45, and in his left eye, 20/20. Following an 
examination in 2014, his optometrist stated, ``Based on these findings, 
I feel Nathan C. Nissen has the visual abilities to continue operating 
a commercial motor vehicle in interstate commerce because the visual 
loss in his right eye occurred in 2003 and has been stable since that 
time.'' Mr. Nissen reported that he has driven straight trucks for 14 
years, accumulating 9,800 miles, and tractor-trailer combinations for 
14 years, accumulating 700,000 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.

Jeffery Reed

    Mr. Reed, 49, 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 2014, his optometrist stated, ``U.S. 
Dept. of Transportation . . . With corrective lenses, I feel that Mr. 
Reed is safe to drive.'' Mr. Reed reported that he has driven tractor-
trailer combinations for 27 years, accumulating 2.83 million miles. He 
holds an operator's license from Kentucky. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Gregory S. Richter, Sr.

    Mr. Richter, 59, 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/
400. Following an examination in 2015, his optometrist stated, ``I 
believe Mr. Richter has sufficient vision to preform [sic] the driving 
tasks required to operate a commercial vehicle.'' Mr. Richter reported 
that he has driven straight trucks for 35 years, accumulating 1.4 
million miles, and tractor-trailer combinations for one year, 
accumulating 50,000 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.

David J. Rotenberger

    Mr. Rotenberger, 41, 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/
100. Following an examination in 2014, his optometrist stated, ``Based 
on the exam findings and the fact the Dave has been driving and 
operating heavy machinery on the farm for the last 25 years without 
incident, it is my medical opinion that David Rotenberger has 
sufficient vision to operate a commercial vehicle for farm use.'' Mr. 
Rotenberger reported that he has driven straight trucks for 30 years, 
accumulating 75,000 miles, and tractor-trailer combinations for 25 
years, accumulating 625,000 miles. He holds an operator's license from 
North Dakota. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

George Tomecek, Jr.

    Mr. Tomecek, 54, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/500, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated that Mr. 
Tomecek does not have any conditions or diseases that would make him an 
unsafe driver. Mr. Tomecek reported that he has driven straight trucks 
for 28 years, accumulating 336,000 miles. He holds a Class B CDL from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Richard G. Vaughn

    Mr. Vaughn, 71, has had complete loss of vision in his right eye 
since 2012 due to a central vein occlusion. The visual acuity in his 
right eye is hand motion, and in his left eye, 20/20. Following an 
examination in 2015, his optometrist stated, ``Mr. Vaughn has been 
driving commercially since his vision loss in 2012. He should have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Vaughn reported that he has driven straight 
trucks for 8 years, accumulating 80,000 miles, and tractor-trailer 
combinations for 40 years, accumulating 5.5 million miles. He holds a 
Class A CDL from North Carolina. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Paul C. Weiss

    Mr. Weiss, 56, has had amblyopia 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 2015, his optometrist stated, ``In my 
opinion, Mr. Weiss has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Weiss reported that he 
has driven straight trucks for 38 years, accumulating 3.04 million 
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.

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-2015-0049 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-2015-0049 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.


[[Page 31640]]


    Issued On: May 22, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-13486 Filed 6-2-15; 8:45 am]
BILLING CODE 4910-EX-P

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