Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
May 14, 2014
[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Notices]
[Pages 27681-27685]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11086]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0005]
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 13, 2014.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0005 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, 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.
[[Page 27682]]
Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
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.
Qualifications of Applicants
Lyle R. Bell
Mr. Bell, 64, has a prosthetic right eye due to a traumatic
incident in 1994. 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, ``At this point, Lyle has the same vision
left eye that he has been driving with for the past 10 years. He is
used to seeing with monocular vision and has learned to compensate for
his lack of depth perception by using other visual clues [sic]. He has
sufficient vision in his left eye to perform driving tasks of a
commercial vehicle, but there is no binocular vision due to only having
one eye.'' Mr. Bell reported that he has driven straight trucks for 48
years, accumulating 2.4 million miles, and tractor-trailer combinations
for 30 years, accumulating 3 million miles. He holds a Class A CDL from
Nebraska. His driving record for the last 3 years shows no crashes and
one conviction for a moving violation in a CMV; he failed to yield to a
traffic signal.
Tracy L. Bowers
Mr. Bowers, 51, has had a retinal detachment in his right eye since
2010. The visual acuity in his right eye is 20/80, and in his left eye,
20/16. Following an examination in 2014, his optometrist stated,
``Based on these findings, I feel Tracy L. Bowers has the visual
abilities to continue operating a commercial motor vehicle in
interstate commerce because the visual loss in his right eye occurred
more than 3 years ago and has been stable since that time.'' Mr. Bowers
reported that he has driven straight trucks for 5 years, accumulating
225,000 miles, and tractor-trailer combinations for 6 years,
accumulating 36,000 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.
Bradley E. Buzzell
Mr. Buzzell, 51, has had amblyopia in his left eye since 1993. 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, ``I certify
that Bradley Buzzell has sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Buzzell reported that
he has driven straight trucks for 30 years, accumulating 540,000 miles.
He holds a Class BMC CDL from New Hampshire. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
William C. Christy
Mr. Christy, 69, has had acute zonal occult outer retinopathy with
central scotoma in his right eye since 2005. The visual acuity in his
right eye is 20/200, and in his left eye, 20/20. Following an
examination in 2014, his ophthalmologist stated, ``It is my opinion
based on my exam of Mr. Christy, his visual field testing and his
driving history that he is safe to drive a commercial vehicle without
restriction.'' Mr. Christy reported that he has driven straight trucks
for 48 years, accumulating 48,000 miles, and tractor-trailer
combinations for 48 years, accumulating 576,000 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.
Gerard J. Cormier
Mr. Cormier, 51, 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 2013, his optometrist stated, ``By
this standard, he meets Massachusetts's standard for a Class D license
and can be certified to drive the commercial vehicle both in and out of
Massachusetts without restriction.'' Mr. Cormier reported that he has
driven straight trucks for 33 years, accumulating 264,000 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.
Joe T. Gage
Mr. Gage, 65, 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, ``In my opinion, Mr. Gage has shown over the
years that he has sufficient vision to perform the task required to
operate a commercial motor vehicle.'' Mr. Gage reported that he has
driven straight trucks for 47 years, accumulating 14,100 miles, and
tractor-trailer combinations for 47 years, accumulating 3.05 million
miles. He holds a Class A CDL from Arkansas. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Hector A. Hernandez
Mr. Hernandez, 42, has had a corneal transplant in his left eye
since 2010. 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, ``He has a mild degree of visual impairment which should not
interfere with his ability to safely operate/drive a commercial
vehicle.'' Mr. Hernandez reported that he has driven straight trucks
for 15 years, accumulating 68,250 miles. He holds an operator's license
from Maryland. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Rex G. Holladay
Mr. Holladay, 60, has retina damage in his left eye due to a
traumatic incident in 1982. The visual acuity in his right eye is 20/
20, and in his left eye, 20/400. Following an examination in 2013, his
optometrist stated, ``I consider Mr. Holladay visually well adapted,
and has adequate visual function to operate a commercial vehicle.'' Mr.
Holladay reported that he has driven straight trucks for 35 years,
accumulating 140,000 miles, and tractor-trailer combinations for 16
years, accumulating 1.04 million miles. He holds a Class A CDL from
Arkansas. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Chester E. Jaycox
Mr. Jaycox, 58, has had a corneal scar in his right eye since 1989.
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, ``In my
medical opinion I feel that Chester Jaycox is able to perform driving
tasks to operate a commercial
[[Page 27683]]
vehicle.'' Mr. Jaycox reported that he has driven straight trucks for
33 years, accumulating 1.16 million miles, and tractor-trailer
combinations for 21 years, accumulating 735,000 miles. He holds a Class
AM CDL from New York. His driving record for the last 3 years shows 1
crash, for which he was not cited, and no convictions for moving
violations in a CMV.
Danny J. Johnson
Mr. Johnson, 51, has had a prosthetic left eye due to a traumatic
incident in 1988. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2013,
his optometrist stated, ``In my opinion Dan has sufficient vision to
operate a commercial vehicle if it is equipped with adequate mirrors.''
Mr. Johnson reported that he has driven straight trucks for 32 years,
accumulating 320,000 miles, and tractor-trailer combinations for 32
years, accumulating 160,000 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.
Glenn K. Johnson, Jr.
Mr. Johnson, 65, has had amblyopia, exotropia, strabismus, and
cataracts in his left eye since childhood. The visual acuity in his
right eye is 20/30, and in his left eye, 20/400. Following an
examination in 2014, his optometrist stated, ``In my medical opinion,
Mr. Johnson has sufficient vision to perform the driving tasks required
to operate a commercial vehicle with his current vision.'' Mr. Johnson
reported that he has driven tractor-trailer combinations for 45 years,
accumulating 4.95 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.
Terry A. Legates
Mr. Legates, 27, has optic nerve disorder 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, no light perception. Following an
examination in 2014, his optometrist stated that, in his medical
opinion, Mr. Legates does have sufficient vision to operate a
commercial motor vehicle. Mr. Legates reported that he has driven
straight trucks for 3.5 years, accumulating 45,500 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.
Charles E. Meis
Mr. Meis, 66, has had macular degeneration in his right eye since
2009. The visual acuity in his right eye is 20/250, and in his left
eye, 20/20. Following an examination in 2013, his ophthalmologist
stated, ``In my medical opinion, Charles Meis has sufficient vision to
perform the driving tasks required to operate a commercial vehicle . .
.'' Mr. Meis reported that he has driven straight trucks for 30 years,
accumulating 1.8 million miles. He holds an operator's license from
Texas. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Ronald B. Mohr
Mr. Mohr, 57, has retinal scarring in his left eye due to a
traumatic incident in 1979. 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, ``It is my medical opinion that Ronald Mohr has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Mohr reported that he has driven straight
trucks for 40 years, accumulating 20,000 miles, and tractor-trailer
combinations for 30 years, accumulating 600,000 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.
Hassan Ourahou
Mr. Ourahou, 25, 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/
200. Following an examination in 2014, his optometrist stated, ``The
patient has significant vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Ourahou reported that he has driven
tractor-trailer combinations for 2 years, accumulating 250,700 miles.
He holds a Class A CDL from Kentucky. His driving record for the last 3
years shows no crashes and 2 convictions for moving violations in a
CMV; in one instance he exceeded the speed limit by 13 MPH; in another
instance, he failed to obey a traffic control device.
Jesus Penuelas
Mr. Penuelas, 39, has had a macular scar in his right eye since
birth. The visual acuity in his right eye is hand motion, and in his
left eye, 20/20. Following an examination in 2013, his optometrist
stated, ``Mr. Penuelas has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Penuelas reported
that he has driven straight trucks for 13 years, accumulating 975,000
miles. He holds an operator's license from Arizona. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Enoc Ramos III
Mr. Ramos, 43, has had a retinal detachment in his right eye since
2001. The visual acuity in his right eye is 20/100, and in his left
eye, 20/20. Following an examination in 2013, his optometrist stated,
``I don't foresee a major problem with his operating [sic] commercial
vehicle from a visual perspective.'' Mr. Ramos reported that he has
driven tractor-trailer combinations for 13 years, accumulating 910,000
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.
James T. Rohr
Mr. Rohr, 73, has had hereditary macular dystrophy in his left eye
since birth. The visual acuity in his right eye is 20/40, and in his
left eye, 20/150. Following an examination in 2013, his optometrist
stated, ``In my professional opinion Mr. Rohr can safely perform the
driving tasks required to operate a private motor vehicle as well as a
commercial motor vehicle.'' Mr. Rohr reported that he has driven
straight trucks for 5 years, accumulating 40,000 miles, and tractor-
trailer combinations for 40 years, accumulating 3.8 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.
DelRay V. Ryckman
Mr. Ryckman, 47, has retinal scarring 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, hand motion. Following an examination in 2014,
his optometrist stated, ``In my medical opinion, DelRay does have
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Ryckman reported that he has driven straight
trucks for 27 years, accumulating 540,000 miles. He holds a Class A3
CDL from South Dakota. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Joe Sanchez
Mr. Sanchez, 56, has a prosthetic right eye due to a traumatic
incident in 1983. The visual acuity in his right eye is no light
perception, and in his left eye, 20/30. Following an examination in
2013,
[[Page 27684]]
his optometrist stated, ``He has sufficient vision vision [sic] to
operate a commercial vehicle.'' Mr. Sanchez reported that he has driven
straight trucks for 19 years, accumulating 728,000 miles, and tractor-
trailer combinations for 16 years, accumulating 1.46 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.
James S. Seeno
Mr. Seeno, 38, has had a retinal detachment 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, ``Mr.
Seeno does have sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Seeno reported that he has
driven straight trucks for 9 years, accumulating 90,000 miles, and
buses for 7 years, accumulating 350,000 miles. He holds a Class B CDL
from Nevada. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
George W. Thomas
Mr. Thomas, 40, has had complete loss of vision in his left eye
since 2007. 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, ``I do not have the knowledge of the vision
requirements for a commercial drivers' [sic] license but I am of the
opinion that he has sufficient vision in his right eye to drive and can
receive this licensce [sic] if it is legal for a monocular patient to
have a CDL.'' Mr. Thomas reported that he has driven straight trucks
for 12 years, accumulating 480,000 miles, and tractor-trailer
combinations for 3 years, accumulating 150,000 miles. He holds a Class
A Commercial Beginner Permit from South Carolina. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Thomas L. Tveit
Mr. Tveit, 61, has had degenerative myopia in his right eye since
birth. The visual acuity in his right eye is 20/400, and in his left
eye, 20/20. Following an examination in 2014, his optometrist stated,
``In my opinion, Mr. Tveit has adequate vision to operate a commercial
vehicle.'' Mr. Tveit reported that he has driven straight trucks for 47
years, accumulating 70,500 miles, and tractor-trailer combinations for
26 years, accumulating 598,000 miles. He holds a Class A3 CDL from
South Dakota. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Bart M. Valiante
Mr. Valiante, 56, has had a central vein occlusion in his left eye
since 2002. The visual acuity in his right eye is 20/20, and in his
left eye, 20/400. Following an examination in 2013, his ophthalmologist
stated, ``In my medical opinion, Mr. Valiante has sufficient vision to
perform driving tasks to operate a commercial vehicle.'' Mr. Valiante
reported that he has driven straight trucks for 35 years, accumulating
875,000 miles, and tractor-trailer combinations for 35 years,
accumulating 875,000 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.
James W. VanRyswyk
Mr. VanRyswyk, 69, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/125, and in his
left eye, 20/20. Following an examination in 2013, his optometrist
stated, ``It is my opinion that Mr. Van Ryswyk [sic] is visually
competent to operate a commercial vehicle.'' Mr. VanRyswyk reported
that he has driven straight trucks for 52 years, accumulating 2.6
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.
Drake M. Vendsel
Mr. Vendsel, 21, 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/
60. Following an examination in 2014, his optometrist stated, ``Given
that [Mr. Vendsel has] been driving a ``farm plated'' semi truck [sic]
incident free since the time [Mr. Vendsel was] working for [his] father
on [his father's] farm since [his] early teen years, I would say [Mr.
Vendsel has] sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Vendsel reported that he has driven
straight trucks for 7 years, accumulating 42,000 miles, and tractor-
trailer combinations for 3 years, accumulating 18,000 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.
Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. The Agency will consider all comments
received before the close of business June 13, 2014. Comments will be
available for examination in the docket at the location listed under
the ADDRESSES section of this notice. The Agency will file comments
received after the comment closing date in the public docket, and will
consider them to the extent practicable.
In addition to late comments, FMCSA will also continue to file, in
the public docket, relevant information that becomes available after
the comment closing date. Interested persons should monitor the public
docket for new material.
Submitting Comments
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 that FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2014-0005 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. 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.
We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2014-0005 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
[[Page 27685]]
Issued on: May 8, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-11086 Filed 5-13-14; 8:45 am]
BILLING CODE 4910-EX-P