Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
October 22, 2014
[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63211-63214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25126]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0297]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
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ACTION: Notice of applications for exemptions, request for comments.
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SUMMARY: FMCSA announces receipt of applications from 12 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 21, 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-2014-0297 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 12 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
Rickie L. Brown
Mr. Brown, 51, has a scar 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, 20/125. Following an examination in 2014, his
optometrist stated, ``I certify that, in my medical opinion, this
patient has sufficient vision to operate a commercial motor vehicle . .
. No correction needed present CDL has restrictions 3 and F [sic] . . .
Patient should continue w/present restrictions.'' Mr. Brown reported
that he has driven tractor-trailer combinations for 27 years,
accumulating 4.05 million miles. He holds a Class A CDL from
Mississippi. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Brian M. Goehring
Mr. Goehring, 46, 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 optometrist
stated, ``It is my opinion that Mr. Goehring has sufficient vision to
perform the daily tasks required to operate a commercial vehicle.''
Mr. Goehring reported that he has driven straight trucks for 2
years, accumulating 100,000 miles, and buses for 21 years, accumulating
1.68 million 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.
Dewey P. Huffman
Mr. Huffman, 61, has complete loss of vision in his right eye due
to a traumatic incident in 1971. The visual acuity in his right eye is
no light perception, and in his left eye, 20/20. Following an
examination in 2014, his ophthalmologist stated,
``Mr. Huffman has excellent ocular health of his only seeing eye.
He has sufficient vision in that eye to operate a commercial vehicle.''
Mr. Huffman reported that he has driven straight trucks for 18 years,
accumulating 189,000 miles. He holds an operator's license from Oregon.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Purvis W. Kills Enemy At Night
Mr. Kills Enemy At Night, 48, has complete loss of vision in his
left eye due to a traumatic incident in 1994. The visual acuity in his
right eye is 20/25, and in his left eye, no light perception. Following
an examination in 2014, his ophthalmologist stated, ``I do think he has
sufficient vision to safely perform driving his bus.''
Mr. Kills Enemy At Night reported that he has driven buses for 4
years, accumulating 115,200 miles. He holds a Class B CDL from South
Dakota. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Daniel M. King
Mr. King, 39, 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 2014, his optometrist stated, ``Based
[[Page 63213]]
on my examination of Mr. King's eyes, I hereby certify in my medical
opinion, Daniel King has appropriate vision to perform the driving
tasks to operate a commercial vehicle.'' Mr. King reported that he has
driven straight trucks for 24 years, accumulating 12,000 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.
Robby K. Leith II
Mr. Leith, 26, 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/
100. Following an examination in 2014, his optometrist stated, ``And in
my opinion he has sufficient vision to perform the driving tasks to
operate a commercial vehicle.'' Mr. Leith reported that he has driven
straight trucks for 4 years, accumulating 72,000 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.
Roger F. Love
Mr. Love, 73, has complete loss of vision in his right eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is no light perception, and in his left eye, 20/20. Following an
examination in 2014, his ophthalmologist stated, ``I certify in my
medical opinion that Roger Love does have sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Love
reported that he has driven straight trucks for 10 years, accumulating
100,000 miles, and tractor-trailer combinations for 50 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 1
conviction for a moving violation in a CMV; he exceeded the speed limit
by 5 mph.
Gary G. Medeiros II
Mr. Medeiros, 48, has had amblyopia in his right eye since
childhood. 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,
``Mr. Medeiros' vision is stable. He has more than adequate vision to
operate a commercial vehicle.'' Mr. Medeiros reported that he has
driven straight trucks for 30 years, accumulating 4.2 million miles and
tractor-trailer combinations for 30 years, accumulating 3.72 million
miles. He holds a Class A CDL from Idaho. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Michael J. Monroe
Mr. Monroe, 67, has a prosthetic left eye due to a traumatic
incident in 1969. The visual acuity in his right eye is 20/15, and in
his left eye, no light perception. Following an examination in 2014,
his ophthalmologist stated, ``Patient's vision is stable in his only
eye, the right eye, at better than 20/20. Recommend driving privileges
for commercial driving [sic] license.'' Mr. Monroe reported that he has
driven straight trucks for 32 years, accumulating 16,000 miles and
buses for 1 month, accumulating 4,320 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.
Eugene F. Napieralski
Mr. Napieralski, 50, has a corneal scar 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, no light perception. Following an
examination in 2014, his optometrist stated, ``It is my opinion that he
has proven over the past twenty years of accident free [sic] driving
that he has sufficient vision to operate a commercial vehicle.'' Mr.
Napieralski reported that he has driven straight trucks for 29 years,
accumulating 522,000 miles. He holds a Class B CDL from Minnesota. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Benjamin Riegelman
Mr. Riegelman, 52, has had refractive 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
stated, ``Vision is sufficient to perform driving tasks required to
operate a commercial vehicle.'' Mr. Riegelman reported that he has
driven straight trucks for 27 years, accumulating 270,000 miles. He
holds a Class B CDL from New Jersey. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Stephen Susino
Mr. Susino, 57, has had a corneal transplant in his right eye since
1991. The visual acuity in his right eye is hand motion, and in his
left eye, 20/20. Following an examination in 2014, his ophthalmologist
stated, ``It is my medical opinion that his vision is sufficient to
perform the required driving tasks to operate a commercial vehicle.''
Mr. Susino reported that he has driven straight trucks for 22
years, accumulating 374,000 miles. He holds an operator's license from
New Jersey. His driving record for the last 3 years shows 1 crash, for
which he was not cited and to which he did not contribute, 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-2014-0297 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-2014-0297 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
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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: October 10, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-25126 Filed 10-21-14; 8:45 am]
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