Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
September 18, 2014
[Federal Register Volume 79, Number 181 (Thursday, September 18, 2014)]
[Notices]
[Pages 56099-56102]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22258]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0011]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
[[Page 56100]]
ACTION: Notice of applications for exemptions, request for comments.
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SUMMARY: FMCSA announces receipt of applications from 13 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 October 20, 2014. 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-2014-0011 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: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).
FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, R.N., Chief, Medical
Programs Division, (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 13 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
Terry L. Allen
Mr. Allen, 63, has a prosthetic left eye due to a traumatic
incident during 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 optometrist stated, ``Upon successfully passing the medical
examination, it is in my professional opinion that Mr. Allen has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle, provided the vehicle meets the states [sic]
requirements for monocular drivers.'' Mr. Allen reported that he has
driven straight trucks for 30 years, accumulating 390,000 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.
Wilfred J. Brinkman
Mr. Brinkman, 79, 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 2014, his optometrist, in a
letter addressed to US DOT, stated, ``I examined Wilfred Brinkman . . .
on April 21 2014 [sic]. His best corrected vision in his right eye is
20/20 and left eye is 20/400 . . . Mr. Brinkman's visual status is
unchanged from previous exams and he is still capable of driving.'' Mr.
Brinkman reported that he has driven straight trucks for 16 years,
accumulating 96,000 miles, and tractor-trailer combinations for 39
years, accumulating 4.39 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.
Todd A. Carlson
Mr. Carlson, 51, has complete loss of vision in his right eye due
to a traumatic incident during childhood. The visual acuity in his
right eye is counting fingers, and in his left eye, 20/20. Following an
examination in 2014, his optometrist stated, ``In my medical opinion
Mr. Carlson has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Carlson reported that he has
driven tractor-trailer combinations for 10 years, accumulating 1
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.
Roderick L. Duvall
Mr. Duvall, 71, has had branch retinal vein occlusion in his left
eye since 1997. The visual acuity in his right eye is 20/25, and in his
left eye, 20/100. Following an examination in 2014, his ophthalmologist
stated, ``The only pathology is an old branch retinal vein occlusion
that occurred in 1997 and is stable since event. I cannot find any
reason to not grant Mr. Duvall a commercial vehicle license from a
visual standpoint, therefore I think he is capable of driving a
commercial vehicle without any detriment.'' Mr. Duvall reported that he
has driven straight trucks for 5 years, accumulating 60,000 miles, and
tractor-trailer combinations for 43 years, accumulating 473,000 miles.
He holds a Class A CDL from
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Pennsylvania. 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.
Ronald R. Gaines
Mr. Gaines, 44, has had a retinal detachment in his right eye since
2000. The visual acuity in his right eye is 20/50, and in his left eye,
20/15. Following an examination in 2014, his ophthalmologist stated,
``With glasses, I see no reason why Mr. Gaines cannot operate a
commercial vehicle with excellent safety.'' Mr. Gaines reported that he
has driven straight trucks for 9.5 years, accumulating 494,000 miles.
He holds an operator's license from Florida. His driving record for the
last 3 years shows one crash, for which he was cited for careless
driving, and one conviction for a moving violation in a CMV.
Russel K. Gray
Mr. Gray, 47, 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/
15. Following an examination in 2014, his optometrist stated, ``Russell
[sic] does have sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Gray reported that he has driven
straight trucks for 3 years, accumulating 199,800 miles, and tractor-
trailer combinations for 27 years, accumulating 999,000 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.
Billy R. Hampton
Mr. Hampton, 53, has had a corneal transplant in his left eye since
2008. 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,
``Per DMV regulations, patient's vision both eyes together is better
than 20/40. Therefore, patient has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Hampton
reported that he has driven straight trucks for 20 years, accumulating
850,000 miles, tractor-trailer combinations for 9 years, accumulating
702,000 miles, and buses for 2 years, accumulating 9,500 miles. He
holds an operator's license from North Carolina. His driving record for
the last 3 years shows one crash, to which he contributed, and no
convictions for moving violations in a CMV.
Raymond A. Holt
Mr. Holt, 57, has had moderate hyperopia, astigmatism, and
amblyopia in his right eye since 1996. The visual acuity in his right
eye is 20/80, and in his left eye, 20/20. Following an examination in
2014, his optometrist stated, ``I certify that Raymond Holt has normal
and sufficient vision to drive a commercial vehicle when he is wearing
his prescribed glasses.'' Mr. Holt reported that he has driven straight
trucks for 12 years, accumulating 312,000 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.
Christopher M. Keen
Mr. Keen, 40, has optic atrophy in his left eye due to a traumatic
incident in 1995. The visual acuity in his right eye is 20/15, and in
his left eye, no light perception. Following an examination in 2014,
his optometrist stated, ``I believe he has sufficient vision to operate
a commercial vehicle.'' Mr. Keen reported that he has driven straight
trucks for 4 years, accumulating 240,000 miles. He holds a Class B CDL
from Kansas. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Julie A. Mabry
Ms. Mabry, 52, has complete loss of vision in her left eye due to a
traumatic incident during childhood. The visual acuity in her right eye
is 20/20, and in her left eye, no light perception. Following an
examination in 2014, her optometrist stated, ``In my medical opinion
Julie Mabry has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Ms. Mabry reported that she has
driven straight trucks for 3 years, accumulating 135,000 miles. She
holds an operator's license from Arizona. Her driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
William L. Moore
Mr. Moore, 46, has had a macular scar 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 medical opinion I believe Mr. Moore has vision sufficient to
perform all driving tasks required to operate a commercial vehicle.''
Mr. Moore reported that he has driven straight trucks for 2 years,
accumulating 80,000 miles, and tractor-trailer combinations for 15
years, accumulating 1.5 million miles. He holds a Class A CDL from
Florida. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Benny R. Morris
Mr. Morris, 57, has complete loss of vision in his right eye due to
a traumatic incident in 1990. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2013, his ophthalmologist stated, ``Since he has been operating a
commercial vehicle for approximately 20 years, and has had no change in
his visual system for at least 10 years, I do not feel there are any
more problems now than in the past with his operating a commercial
vehicle.'' Mr. Morris reported that he has driven straight trucks for 5
years, accumulating 25,000 miles, and tractor-trailer combinations for
35 years, accumulating 4.38 million miles. He holds a Class A CDL from
West Virgnia. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Juan C. Puente
Mr. Puente, 50, has retinal damage in his right eye due to a
traumatic incident in 2003. The visual acuity in his right eye is light
perception, and in his left eye, 20/20. Following an examination in
2014, his optometrist stated, ``The damage to his macula, while
permanent is unchanged and is not progressing. . . . In my opinion
there should be no question of his ability to drive any vehicle.'' Mr.
Puente reported that he has driven straight trucks for 5 years,
accumulating 300,000 miles, tractor-trailer combinations for 20 years,
accumulating 2.56 million miles, and buses for 4 years, accumulating
336,000 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.
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
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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-2014-0011 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-2014-0011 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 10, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-22258 Filed 9-17-14; 8:45 am]
BILLING CODE 4910-EX-P