Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
December 10, 2014
[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Notices]
[Pages 73397-73400]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28959]
[[Page 73397]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0299]
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 24 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. If granted the exemptions would enable
these individuals to operate commercial motor vehicles (CMVs) in
interstate commerce without meeting the prescribed vision requirement
in one eye.
DATES: Comments must be received on or before January 9, 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-2014-0299 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: 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 24 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 L. Boersma
Mr. Boersma, 65, 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, ``I feel
Michael has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Boersma reported that he has driven
straight trucks for 14 years, accumulating 560,000 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.
Marc D. Butler
Mr. Butler, 62, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/150, and in his left eye, 20/
25. Following an examination in 2014, his ophthalmologist stated, ``It
is my opinion that Mr. Butler has sufficient visual acuity, color
vision and visual field to safely operate a commercial vehicle.'' Mr.
Butler reported that he has driven straight trucks for 24 years,
accumulating 324,000 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.
Roger P. Dittrich
Mr. Dittrich, 64, has had loss of vision secondary to retinal
detachment and corneal scarring in his right eye since 1971. The visual
acuity in his right eye is light perception, and in his left eye, 20/
20. Following an examination in 2014, his ophthalmologist stated,
``Corneal scar OD. Pt does pass requirements for VA for CDL.'' Mr.
Dittrich reported that he has driven straight trucks for 44 years,
accumulating 880,000 miles, and tractor-trailer combinations for 30
years, accumulating 600,000 miles. He holds a Class AM CDL from
Illinois. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Ralph V. Graven
Mr. Graven, 61, has had a retinal detachment in his left eye since
2000. 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, ``I opine that he has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Graven reported that he has driven straight trucks for 43 years,
accumulating 322,500 miles, and tractor-trailer combinations for 43
years, accumulating 322,500 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.
Dennis R. Grear
Mr. Grear, 69, has had amblyopia in his left eye since childhood.
The visual
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acuity in his right eye is 20/20, and in his left eye, 20/400.
Following an examination in 2014, his optometrist stated, ``Mr. Grear
has been operating a commercial vehicle for many years with his current
visual deficiencies and in my opinion he should be able to safely
continue to drive a commercial vehicle.'' Mr. Grear reported that he
has driven straight trucks for 5 years, accumulating 175,000 miles, and
tractor-trailer combinations for 42 years, accumulating 2.1 million
miles. He holds a Class A CDL from South Dakota. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Michael D. Halferty
Mr. Halferty, 44, has a retinal detachment in his right eye due to
a traumatic incident during childhood. The visual acuity in his right
eye is hand motion, and in his left eye, 20/20. Following an
examination in 2014, his optometrist stated, ``It is my opinion that
Mr. Halferty has previously performed and has the visual capabilities
to continue to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Halferty reported that he has driven straight
trucks for 5 years, accumulating 150,000 miles, and tractor-trailer
combinations for 24 years, accumulating three 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.
Eric C. Hammer
Mr. Hammer, 42, has had amblyopia with refractive error 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, ``In my professional opinion, Eric Hammer has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Hammer reported that he has driven straight trucks for
13 years, accumulating 390,000 miles, and tractor-trailer combinations
for 13 years, accumulating 390,000 miles. He holds a Class A CDL from
Missouri. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Thomas F. Hannon
Mr. Hannon, 52, has had a retinal scar in his right eye due to a
traumatic incident in 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, ``His peripheral vision is completely
normal in both eyes and I do not see any reason why he could not
perform the duties of a commercial driver, especially visual field-wise
since his visual fields are normal except for a central scotoma in the
right eye, which is easily compensated for in his left eye.'' Mr.
Hannon reported that he has driven straight trucks for 1.5 years,
accumulating 37,500 miles. He holds an operator's license from Rhode
Island. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Robert K. Ipock
Mr. Ipock, 55, has had enucleation due to a tumor in his left eye
since childhood. 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, ``It is in my opinion that Robert K. Ipock has
sufficient vision to safely perform the driving tasks required to
operate a commercial vehicle.'' Mr. Ipock reported that he has driven
straight trucks for 25 years, accumulating 262,500 miles. He holds an
operator's license from North Carolina. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Kennard D. Julien
Mr. Julien, 45, has had amblyopia and a cataract 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 2014, his
ophthalmologist stated, ``Dr [sic] Steiner certifies that is [sic] his
opinion, Kennard has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Julien reported that he
has driven straight trucks for 10 years, accumulating 240,000 miles,
and tractor-trailer combinations for 8 years, accumulating 192,000
miles. He holds a Class A CDL from Washington. His driving record for
the last 3 years shows no crashes and one conviction for a moving
violation in a CMV; he failed to obey a road sign or traffic signal.
Peter M. Kirby
Mr. Kirby, 58, has had phthisical secondary to retinal detachment
in his left eye since 2010. 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 medical opinion, I feel Mr.
Kirby does have sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Kirby reported that he has
driven straight trucks for 35 years, accumulating 3.57 million miles,
and tractor-trailer combinations for 35 years, accumulating 1.86
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.
William D. Koiner
Mr. Koiner, 31, 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, ``The
above individual has sufficient vision to operate a commercial
vehicle.'' Mr. Koiner reported that he has driven straight trucks for
one year, accumulating 10,000 miles, and tractor-trailer combinations
for 6.5 years, accumulating 650,000 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.
Jesse L. Lichtenberger
Mr. Lichtenberger, 32, 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
ophthalmologist stated, ``It is of my opinion that Jesse certainly has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Lichtenberger reported that he has driven
straight trucks for 14 years, accumulating 504,000 miles, and tractor-
trailer combinations for 10 years, accumulating 360,000 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. Nocton
Mr. Nocton, 70, 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 ophthalmologist stated, ``I
certainly believe that his vision is sufficient to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Nocton reported
that he has driven buses for 14 years, accumulating 385,000 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.
Darren W. Pruett
Mr. Pruett, 48, has had open globe trauma in his left eye due to a
traumatic incident in 2009. The visual acuity in
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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 is [sic] having had this defect for 5 years and maintaining a
safe driving record he would have sufficiently learned how to adapt to
his visual deficit by now and would be qualified to continue driving
commercially.'' Mr. Pruett reported that he has driven straight trucks
for 5 years, accumulating 175,000 miles, and tractor-trailer
combinations for 13 years, accumulating 1.89 million miles. He holds a
Class A CDL from Texas. His driving record for the last 3 years shows
one crash, for which he was not cited and to which he did not
contribute, and no convictions for moving violations in a CMV.
Frederick E. Schaub
Mr. Schaub, 57, has had optic atrophy in his left eye since birth.
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, ``Based on his examination, and with the use of left sided
mirrors, I do not see any contraindication to renewing his CDL.'' Mr.
Schaub reported that he has driven straight trucks for 39 years,
accumulating 1.46 million miles, and tractor-trailer combinations for
20 years, accumulating 250 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.
Michael R. Seldomridge
Mr. Seldomridge, 41, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/25, and in his left
eye, 20/50. Following an examination in 2014, his optometrist stated,
``It is my opinion that Mr. Seldomridge has sufficient vision to
perform that driving tasks required to operate a commercial vehicle.''
Mr. Seldomridge reported that he has driven straight trucks for 26
years, accumulating 390,000 miles, and tractor-trailer combinations for
20 years, accumulating 20,000 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.
Michael G. Somma
Mr. Somma, 32, has had amblyopic vision loss and aphakia in his
left eye due to a traumatic incident during childhood. The visual
acuity in his right eye is 20/15, and in his left eye, 20/100.
Following an examination in 2014, his ophthalmologist stated, ``His
visual acuity in his left eye is stable with no evidence of progressive
change. . .I see no contraindication to his use of operating and
driving commercial vehicle [sic].'' Mr. Somma reported that he has
driven straight trucks for 15 years, accumulating 300,000 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.
Mark J. Stanley
Mr. Stanley, 54, has a partial retinal detachment in his right eye
due to a traumatic incident in 1979. The visual acuity in his right eye
is 20/300, and in his left eye, 20/20. Following an examination in
2014, his optometrist stated, ``Mark has been driving for 35 years and
has adapted well to his visual condition. I certify that Mark Stanley
is well qualified to continue commercial driving as he has for the past
many years.'' Mr. Stanley reported that he has driven tractor-trailer
combinations for 14 years, accumulating 840,000 miles. He holds a Class
AM1 CDL from California. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Jason E. Thomas
Mr. Thomas, 28, has enucleation in his left eye due to a traumatic
incident in 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, ``In my medical opinion Jason has
sufficient vision to drive a commercial vehicle.'' Mr. Thomas reported
that he has driven straight trucks for 10 years, accumulating 50,000
miles, and tractor-trailer combinations for 10 years, accumulating
50,000 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.
Michael K. Toodle
Mr. Toodle, 60, has had optic atrophy in his left eye since 2009.
The visual acuity in his right eye is 20/20, and in his left eye,
counting fingers. Following an examination in 2014, his optometrist
stated, ``I Dr. Hamm certifies [sic] that in my medical opinion,
Michael K. Toodle have [sic] sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Toodle reported
that he has driven tractor-trailer combinations for 42 years,
accumulating 4.2 million miles. He holds an operator's license from
North Carolina. His driving record for the last 3 years shows no
crashes and three convictions for moving violations in a CMV; in one
instance he exceeded the speed limit by nine mph; in two others he
failed to obey traffic signs.
Troy W. Weaver
Mr. Weaver, 41, has had a Lasik vision complication in his left eye
since 2008. 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, ``I certify that Mr. Weaver has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Weaver reported that he has driven straight trucks for 15 years,
accumulating 7,500 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.
Diane L. Wedebrand
Ms. Wedebrand, 53, has had amblyopia in her right eye since birth.
The visual acuity in her right eye is 20/150, and in her left eye, 20/
20. Following an examination in 2014, her optometrist stated, ``I, Dr.
Craig Baker, in my medical opinion that Diane L. Wedebrand has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Ms. Wedebrand reported that she has driven
straight trucks for 8 years, accumulating 9,600 miles. She holds an
operator's license from Iowa. Her driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Eddie L. Wilkins
Mr. Wilkins, 65, has cyclodialysis and retinal scarring 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 optometrist stated, ``In
my medical opinion Mr. Wilkins has sufficient vision to operate a
commercial vehicle.'' Mr. Wilkins reported that he has driven straight
trucks for 20 years, accumulating 400,000 miles, tractor-trailer
combinations for 3 years, accumulating 12,000 miles, and buses for 3
years, accumulating 24,030 miles. He holds a Class B CDL from Virginia.
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.
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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-2014-0299 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-2014-0299 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: December 1, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-28959 Filed 12-9-14; 8:45 am]
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