Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
March 18, 2015
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14240-14243]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06178]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0303]
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 21 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 17, 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-2014-0303 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 14241]]
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 21 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
Neal S. Anderson
Mr. Anderson, 53, has had Best disease 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, ``There are no visual changes that warrant new restrictions to
his current commercial driver's license.'' Mr. Anderson reported that
he has driven straight trucks for 37 years, accumulating 296,000 miles,
and tractor-trailer combinations for 2 years, accumulating 15,000
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.
Robert D. Arkwright
Mr. Arkwright, 43, has had a toxoplasmosis scar in his right eye
since birth. The visual acuity in his right eye is 20/60, and in his
left eye, 20/20. Following an examination in 2015, his optometrist
stated, ``It is my opinion that Mr. Arkwright has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Arkwright reported that he has driven straight trucks for 3 years,
accumulating 225,000 miles, and tractor-trailer combinations for 17
years, accumulating 2.02 million miles. He holds an operator's license
from Mississippi. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Charles D. Ashworth Jr.
Mr. Ashworth, 52, has had a corneal scar 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,
``I certify that in my medical opinion, Mr. Ashworth has sufficient
vision to perform the driving task required to operate a commercial
vehicle.'' Mr. Ashworth reported that he has driven straight trucks for
10 years, accumulating 350,000 miles, and tractor-trailer combinations
for 20 years, accumulating 2.7 million miles. He holds a Class DA CDL
from Kentucky. 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
traffic control device.
Randy A. Cimei
Mr. Cimei, 57, has a hemorrhage and retinal detachment in his right
eye due to a traumatic incident in 2009. The visual acuity in his right
eye is hand motion, and in his left eye, 20/15. Following an
examination in 2015, his ophthalmologist stated, ``In my medical
opinion he has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Cimei reported that he has
driven straight trucks for 26 years, accumulating 260,000 miles, and
tractor-trailer combinations for 26 years, accumulating 5,200 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.
Ronald J. Gruszecki
Mr. Gruszecki, 59, 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 ophthalmologist
stated, ``Based on the vision testing Ronald should be able to perform
the tasks required for his commercial license.'' Mr. Gruszecki reported
that he has driven straight trucks for 28 years, accumulating 1.26
million 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.
Gerald L. Harper
Mr. Harper, 66, has a displaced pupil in his right eye due to a
traumatic incident during 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, ``In my medical opinion Mr. Harper has
sufficient vision to adequately perform the tasks necessary to operate
a commercial vehicle at this time.'' Mr. Harper reported that he has
driven straight trucks for 2 years, accumulating 16,000 miles, and
tractor-trailer combinations for 31 years, accumulating 3.1 million
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.
Alan L. Helfer, Sr.
Mr. Helfer, 50, has had a cataract with amblyopia in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, 20/1000. Following an examination in 2014, his optometrist
stated, ``I certify that in my medical opinion, patient has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Helfer reported that he has driven tractor-trailer
combinations for 24 years, accumulating 1.44 million 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.
Steven R. Jones
Mr. Jones, 59, has had macular drusen in his left eye since 2005.
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, ``RE:
Commercial Driver's License . . . In my medical opinion, I believe
Steven can safely operate a motor vehicle. I am encouraged that he has
already driven safely for over 10 years with his current state of
visual ability.'' Mr. Jones reported that he has driven straight trucks
for 22 years, accumulating 514,800 miles. He holds a Class A CDL from
Kansas. His driving record for the last 3 years shows no
[[Page 14242]]
crashes and no convictions for moving violations in a CMV.
William F. Laforce
Mr. Laforce, 49, 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, 20/50. Following an examination in 2014, his optometrist
stated, ``Has sufficient vision to perform daily tasks to operate a
commercial vehicle.'' Mr. Laforce reported that he has driven tractor-
trailer combinations for three years, accumulating 63,000 miles. He
holds a Class A CDL from Vermont. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Robert N. Lewis
Mr. Lewis, 36, has had a retinal detachment in his right eye since
2008. 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 certified that, in his medical opinion, Mr. Lewis has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle. Mr. Lewis reported that he has driven straight
trucks for 2.7 years, accumulating 3,200 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.
Ryan T. McKinney
Mr. McKinney, 25, 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, ``Ryan
has 20/20 vision binocular and has full field of vision in both eyes.
This condition has been present since birth. I see no reason why Ryan
McKinney should not be allowed to drive a commercial vehicle on the
interstate.'' Mr. McKinney reported that he has driven straight trucks
for one year, accumulating 1,000 miles, and tractor-trailer
combinations for 18 months, accumulating 130,000 miles. He holds a
Class A CDL from Tennessee. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Freeman A. Miller
Mr. Miller, 67, has had refractive 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 medical opinion, I see no reason visually that he could
not operate a commercial vehicle.'' Mr. Miller reported that he has
driven straight trucks for 17 years, accumulating 799,000 miles, and
tractor-trailer combinations for 22 years, accumulating 1.98 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.
Larry G. Murray
Mr. Murray, 67, has complete loss of vision in his left eye due to
a traumatic incident in 2002. 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 patient has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Murray reported that he has driven tractor-trailer
combinations for 40 years, accumulating 432,000 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.
Thomas W. Oberschlake
Mr. Oberschlake, 50, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/70, and in his left
eye, 20/20. Following an examination in 2014, his ophthalmologist
certified that, in his medical opinion, Mr. Oberschlake has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle. Mr. Oberschlake reported that he has driven straight trucks
for 30 years, accumulating 45,000 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.
Dennis R. Ohl
Mr. Ohl, 49, has had refractive amblyopia in his right eye since
birth. 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,
``In general, based on his current visual status, I believe Dennis to
be capable of safely operating a commercial vehicle.'' Mr. Ohl reported
that he has driven straight trucks for 7.5 years, accumulating 172,500
miles. He holds an operator's license from Missouri. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
J.W. Peebles
Mr. Peebles, 65, has had complete loss of vision due to a choroidal
melanoma in his right eye since 2014. 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, ``This vision in his
left eye is 20/20 with and without correction . . . Based on my exam
and the Goldman visual field, Mr. Peebles fulfills the driving tasks
required to operate a commercial vehicle.'' Mr. Peebles reported that
he has driven tractor-trailer combinations for 30 years, accumulating
468,500 miles. He holds a Class AM CDL from Tennessee. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Craig C. Perrotta
Mr. Perrotta, 56, has had maculopathy associated with chronic
central serous retinopathy in his left eye since 2007. 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, ``It is in my
medical opinion that Mr. Perrotta's visual system is capable of
performing the designated driving tasks required to operate a
commercial vehicle, and has been doing so without incident for over 10
years.'' Mr. Perrotta reported that he has driven straight trucks for
5.5 years, accumulating 184,800 miles. He holds a Class B CDL from
Massachusetts. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Raymond W. Pitts
Mr. Pitts, 67, has had a retinal detachment in his right eye since
2010. 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. Pitts has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Pitts reported that he has driven tractor-trailer combinations for
40 years, accumulating four 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.
Jeffrey A. Porter
Mr. Porter, 56, has had hyperopia with 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, ``R [sic] eye simple hyperopia L [sic] eye hyperopia w [sic]
amblyopia secondary to surgical correction for an eye turn as a child,
patient is not monocular . . . Patient is able to operate a commercial
vehicle.'' Mr. Porter reported that he has driven straight trucks for 8
years, accumulating
[[Page 14243]]
160,000 miles. He holds a Class D CDL from Connecticut. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Marty J. Prouty
Mr. Prouty, 55, has had a retinal detachment and a cataract in his
left eye since birth. The visual acuity in his right eye is 20/20, and
in his left eye, counting fingers. Following an examination in 2014,
his ophthalmologist stated, ``In my medical opinion, he has sufficient
vision to operate a commercial motor vehicle.'' Mr. Prouty reported
that he has driven straight trucks for 20 years, accumulating 300,000
miles, tractor-trailer combinations for 38 years, accumulating 760,000
miles, and buses for one year, accumulating 1,000 miles. He holds a
Class A CDL from Iowa. His driving record for the last 3 years shows
one crash, for which he was cited for following too closely.
Daniel A. Rau
Mr. Rau, 54, has a retinal tear and calcification of cornea
secondary to failed penetrating keratoplasty in his left eye due to a
traumatic incident in 1986. 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 certify that in my medical
opinion Mr. Rau has sufficient vision with correction to perform
driving tasks required to operate commercial vehicles.'' Mr. Rau
reported that he has driven straight trucks for 33 years, accumulating
907,500 miles, and tractor-trailer combinations for 30 years,
accumulating 2.63 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.
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-2014-0303 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-2014-0303 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.
Dated: March 11, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-06178 Filed 3-17-15; 8:45 am]
BILLING CODE 4910-EX-P