Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
March 6, 2015
[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Pages 12248-12251]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05236]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0302]
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 27 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 April 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-2014-0302 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: 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 27 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
Joel C. Bailey
Mr. Bailey, 60, has had a macular scar in his left eye since 2007.
The visual acuity in his right eye is 20/25, and in his left eye, 20/
60. Following an examination in 2014, his ophthalmologist stated, ``He
has
[[Page 12249]]
sufficient vision to perform driving tasks and operate a commercial
vehicle with no restrictions.'' Mr. Bailey reported that he has driven
tractor-trailer combinations for 19 years, accumulating 1.9 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.
Mackfie Bradley, Jr.
Mr. Bradley, 47, has had macular scarring in his left eye since
childhood. The visual acuity in his right eye is 20/40, and in his left
eye, counting fingers. Following an examination in 2014, his
optometrist stated, ``In my medical opinion, Mr. Bradley has sufficient
vision to safely operate a commercial vehicle.'' Mr. Bradley reported
that he has driven straight trucks for 8 years, accumulating 2.4
million 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.
Justin C. Bruchman
Mr. Bruchman, 31, has had a globe laceration with retinal
detachment in his left eye since 2002. 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, ``Through my testing, the
patient exhibits sufficient vision to operate a commercial vehicle.''
Mr. Bruchman reported that he has driven straight trucks for 10 years,
accumulating 500,000 miles. He holds an operator's license from
Wisconsin. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Bradley J. Compton
Mr. Compton, 52, 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, ``In my
opinion, he has sufficient enough vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Compton reported that
he has driven straight trucks for 38 years, accumulating 494,000 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.
Anthony C. Curtis
Mr. Curtis, 71, has had enucleation due to cancerous choroid in his
left eye since 1996. The visual acuity in his right eye is 20/25, and
in his left eye, no light perception. Following an examination in 2014,
his optometrist stated, ``In my opinion Mr. Curtis has sufficient
stable vision with his right eye to perform the driving taks [sic]
required to operate a commercial vehicle.'' Mr. Curtis reported that he
has driven tractor-trailer combinations for 35 years, accumulating 3.5
million miles. He holds a Class A CDL from Washington. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Douglas S. Dalling
Mr. Dalling, 46, has had Coats' Disease in his right eye since
childhood. 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, ``In my medical opinion, Mr. Dalling has
sufficient vision in his left eye to perform the driving test required
to operate a commercial vehicle.'' Mr. Dalling reported that he has
driven straight trucks for 16 years, accumulating 576,000 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.
Lloyd A. Dornbusch
Mr. Dornbusch, 68, has had macular degeneration in his left eye
since 2002. The visual acuity in his right eye is 20/20, and in his
left eye, 20/150. Following an examination in 2014, his optometrist
stated, ``I certify that in my opinion Mr. Dornbusch has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Dornbusch reported that he has driven tractor-trailer
combinations for 48 years, accumulating 2.4 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.
Randall R. Drake
Mr. Drake, 53, has had alternating esotropia in his left eye since
childhood. The visual acuity in his right eye is 20/30, and in his left
eye, 20/200. Following an examination in 2014, his optometrist stated,
``He has a stable decrease in vision with a vision of 20/30 in the
right eye and 20/200 in the left eye . . . He does have an ability to
recognize traffic control signals and has not shown a noted decrease in
his ability to operate a commercial vehicle.'' Mr. Drake reported that
he has driven straight trucks for 38 years, accumulating 380,000 miles,
tractor-trailer combinations for 30 years, accumulating 300,000 miles,
and buses for five years, accumulating 50,000 miles. He holds a Class C
CDL from California. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Paul E. Emmons
Mr. Emmons, 62, has had optic nerve atrophy in his right eye since
childhood. 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 he has sufficient vision to operate commercial
vehicles.'' Mr. Emmons reported that he has driven straight trucks for
40 years, accumulating 1.2 million miles. He holds a Class B CDL from
Rhode Island. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Thomas P. Fitzsimmons Jr.
Mr. Fitzsimmons, 51, has had esotropia and 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, ``In summary, Mr. Fitzsimmons has sufficient vision to operate
a commercial vehicle.'' Mr. Fitzsimmons reported that he has driven
straight trucks for 18 years, accumulating 396,000 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.
Steve L. Frisby
Mr. Frisby, 56, has had a retinal detachment in his right eye since
2004. The visual acuity in his right eye is 20/400, and in his left
eye, 20/25. Following an examination in 2014, his optometrist stated,
``It is my opinion that Mr. Frisby has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Frisby
reported that he has driven straight trucks for 35 years, accumulating
4.38 million miles, and tractor-trailer combinations for 35 years,
accumulating 4.38 million miles. He holds a Class A CDL from
California. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Daryl G. Gibson
Mr. Gibson, 45, has had a degenerated optic nerve in his left eye
since childhood. The visual acuity in his right eye is 20/20, and in
his left eye, light
[[Page 12250]]
perception. Following an examination in 2014, his optometrist stated,
``Vision is acceptable for driving a commercial vehicle.'' Mr. Gibson
reported that he has driven straight trucks for 3 years, accumulating
6,000 miles, and tractor-trailer combinations for 17 years,
accumulating 340,000 miles. He holds a Class A CDL from Florida. 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.
Mark J. Goodrich
Mr. Goodrich, 48, has had refractive amblyopia in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, 20/70. Following an examination in 2014, his optometrist
stated, ``Pt [sic] meets minimum standards of vision to safely drive a
commercial vehicle.'' Mr. Goodrich reported that he has driven straight
trucks for 31 years, accumulating 186,000 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.
Ramon L. Green
Mr. Green, 45, has retinal scarring in his left eye due to a
traumatic incident in 2003. 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, ``Ii [sic] is my medical opinion that Mr. Green has
sufficient visual acuity and visual field to operate a commercial
vehicle.'' Mr. Green reported that he has driven straight trucks for 21
years, accumulating 1.89 million miles, and tractor-trailer
combinations for 21 years, accumulating 2.63 million miles. He holds a
Class A CDL from Louisiana. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Carl E. Hess
Mr. Hess, 61, has had a full-thickness macular hole in his left eye
since 2010. The visual acuity in his right eye is 20/30, and in his
left eye, 20/50. Following an examination in 2014, his ophthalmologist
stated, ``US Department of Transportation Federal Vision Exemption
Program . . . In my medical opinion, I do believe he has sufficient
vision to perform the required driving tasks.'' Mr. Hess reported that
he has driven straight trucks for 41 years, accumulating 307,500 miles,
and tractor-trailer combinations for 13 years, accumulating 1.3 million
miles. He holds a Class AM CDL from Pennsylvania. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Mark E. Jeans
Mr. Jeans, 35, has had Behcet's panuveities, primary open angle
glaucoma, and a retinal detachment in his right eye since 2005. 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, ``In our medical opinion, Mr. Jeans has sufficient vision to
operate a commercial vehicle.'' Mr. Jeans reported that he has driven
straight trucks for one year, accumulating 11,000 miles, and buses for
13 years, accumulating 2.15 million miles. He holds a Class B CDL from
Oklahoma. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Chad Kauffman
Mr. Kauffman, 26, has enucleation 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 2015, his optometrist stated, ``In my medical opinion I
do believe he has adapted to monocular vision very well and does meet
the requirements necessary to operate a commercial vehicle.'' Mr.
Kauffman reported that he has driven straight trucks for 4 years,
accumulating 4,000 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.
Scottie W. Lewis
Mr. Lewis, 42, has had band keratopathy and keratectomy in his
right eye since 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, ``Patient has normal 20/20 Vision with
full visual field in his left eye sufficient to operate a commercial
motor vehicle.'' Mr. Lewis reported that he has driven straight trucks
for 23 years, accumulating 112,700 miles. He holds a Class A CDL from
Georgia. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
David S. Mayo
Mr. Mayo, 46, has had refractive amblyopia in his right eye since
2005. The visual acuity in his right eye is 20/200, and in his left
eye, 20/25. Following an examination in 2015, his optometrist stated,
``pt [sic] reports that need testing done for commercial license . . .
h/o [sic] refractive amblyopia OD since 2005 when pt [sic] was first
seen here . . . Patient drivesDriving [sic] Difficulties: none . . .
Fields: Full with no restrictions OU.'' Mr. Mayo reported that he has
driven straight trucks for 10 years, accumulating one million miles,
and tractor-trailer combinations for 10 years, accumulating one million
miles. He holds a Class A CDL from Virginia. His driving record for the
last 3 years shows one crash, to which he did not contribute and was
not cited, and no convictions for moving violations in a CMV.
Ross E. McCleary
Mr. McCleary, 38, has optic nerve compression in his left eye since
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, ``I certify that because of the stability of the
visual condition, which has been long standing, he has sufficient
vision to perform the driving task required to operate a commercial
vehicle.''
Mr. McCleary reported that he has driven straight trucks for 4
years, accumulating 100,000 miles. He holds a Class A CDL from
Nebraska. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Alex D. McCrady
Mr. McCrady, 27, has complete loss of vision in his left eye due to
a traumatic incident in 2004. 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 believe he has sufficient
vision to perform the driving tasks requirec [sic] to operate a
commercial vehicle.'' Mr. McCrady reported that he has driven straight
trucks for six years, accumulating 300,000 miles, and tractor-trailer
combinations for four months, accumulating 5,000 miles. He holds a
Class AMC CDL from New Hampshire. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Stacy L. Michael
Mr. Michael, 48, has had amblyopia in his right eye since birth.
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, ``In my
medical opinion Stacy Michael has sufficient vision to perform the
driving tasks required to operate a
[[Page 12251]]
commercial vehicle.'' Mr. Michael reported that he has driven straight
trucks for 27 years, accumulating 81,000 miles, and tractor-trailer
combinations for 27 years, accumulating 189,000 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.
Charles A. Morgan
Mr. Morgan, 75, has had a retinal vascular occlusion in his right
eye since 2009. The visual acuity in his right eye is 20/100, and in
his left eye, 20/25. Following an examination in 2014, his optometrist
stated, ``Mr. Morgan appears to have sufficient vision to perform the
driving tasks required to operate a commercial vehicle.''
Mr. Morgan reported that he has driven buses for 50 years,
accumulating 500,000 miles. He holds a Class B 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. Swanson
Mr. Swanson, 56, 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, ``Patient has sufficient vision to operate a commercial vehicle
without restriction.'' Mr. Swanson reported that he has driven straight
trucks for 33 years, accumulating 1.05 million miles. He holds a Class
B CDL from Illinois. His driving record for the last 3 years shows no
crashes and one conviction for a moving violation in a CMV; he exceeded
the speed limit by 15 MPH.
Terrance W. Temple
Mr. Temple, 58, 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, ``In my
opinion, he has sufficient vision to drive a commercial vehicle.'' Mr.
Temple reported that he has driven straight trucks for 40 years,
accumulating 624,000 miles. He holds a Class B CDL from Ohio. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Rick A. Tucker
Mr. Tucker, 60, has had a retinal detachment in his left eye since
2001. The visual acuity in his right eye is 20/30, and in his left eye,
20/200. Following an examination in 2014, his optometrist stated, ``Mr.
Tucker's visual abilities are adequate to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Tucker reported that he
has driven straight trucks for 15 years, accumulating 750,000 miles,
and tractor-trailer combinations for 15 years, accumulating 750,000
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.
Jason R. White
Mr. White, 32, 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 2014, his optometrist stated, ``I found
no reason to believe he does not have sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. White
reported that he has driven straight trucks for 6.5 years, accumulating
243,750 miles. He holds an operator's license from Ohio. 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-2014-0302 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-2014-0302 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: February 26, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-05236 Filed 3-5-15; 8:45 am]
BILLING CODE 4910-EX-P