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 14223-14227]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06179]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0304]
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 28 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-2014-0304 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
[[Page 14224]]
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 28 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
Dakota A. Albrecht
Mr. Albrecht, 27, has a retinal scar in his right eye due to a
traumatic incident in 2010. The visual acuity in his right eye is 20/
150, and in his left eye, 20/15. Following an examination in 2014, his
optometrist stated, ``It is our opinion that he has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Albrecht reported that he has driven tractor-trailer
combinations for 7 years, accumulating 700,000 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.
Joseph L. Beverly
Mr. Beverly, 58, has had complete loss of vision in his right eye
since 2011 due to a central retinal artery occlusion. The visual acuity
in his right eye is counting fingers, and in his left eye, 20/20.
Following an examination in 2014, his ophthalmologist stated, ``It is
my medical opinion as an ophthalmologist that Mr. Beverly has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Beverly reported that he has driven tractor-
trailer combinations for 16 years, accumulating 960,000 miles. He holds
an operator's license from Florida. 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 21 miles per hour.
Jaroslav Cigler
Mr. Cigler, 64, has had a branch retinal vein occlusion in his
right eye since 2011. 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, ``Dr. Komyatte certifies that in her medical
opinion, Mr. Cigler has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Cigler reported that he
has driven tractor-trailer combinations for 20 years, accumulating 2.6
million miles. He holds an operator's license from Indiana. His driving
record for the last 3 years shows one crash, for which he was not cited
and did not contribute, and two convictions for moving violations in a
CMV; in one instance he disregarded a traffic signal, and in another he
was cited for improper lane usage.
David E. Crane
Mr. Crane, 59, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/80, and in his left eye, 20/25.
Following an examination in 2014, his optometrist stated, ``I also
certify that he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Crane reported that he
has driven straight trucks for 28 years, accumulating 700,000 miles. He
holds a Class A CDL from Ohio. His driving record for the last 3 years
shows no crashes and one conviction for a moving violation in a CMV; he
was operating a CMV in a no truck zone.
Alan J. Daisey
Mr. Daisey, 63, has complete loss of vision in his left eye due to
a traumatic incident in childhood. The visual acuity in his right eye
is 20/20, and in his left eye, no light perception. Following an
examination in 2014, his optometrist stated, ``Mr. Daisey's vision is
good enough to have a commercial license.'' Mr. Daisey reported that he
has driven straight trucks for 18 years, accumulating 18,000 miles. He
holds a Class CB CDL from Delaware. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Terry L. Daneau
Mr. Daneau, 54, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/300.
Following an examination in 2014, his optometrist stated, ``I believe
that Terry Daneau possesses sufficient vision to maintain a CDL as long
as glasses are worn.'' Mr. Daneau reported that he has driven straight
trucks for 16 years, accumulating 800,000 miles. He holds a Class B MC
CDL from New Hampshire. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Ronald A. Doyle
Mr. Doyle, 53, has had a corneal scar in his right eye since 1985.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
25. Following an examination in 2014, his optometrist stated, ``Upon
examining patient I certify that in my medical opinion, has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle with a license (non-CDL) as explained in #1 Proof of Commercial
License.'' Mr. Doyle reported that he has driven straight trucks for 14
years, accumulating 121,422 miles. He holds a Class D license from New
York. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Darin T. Eubank
Mr. Eubank, 25, has had refractive amblyopia 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,
``Darin has sufficient vision to drive a commercial vehicle.'' Mr.
Eubank reported that he has driven straight trucks for 9 years,
accumulating
[[Page 14225]]
51,300 miles, and tractor-trailer combinations for 5 years,
accumulating 17,500 miles. He holds a Class A CDL from Virginia. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Dan J. Feik
Mr. Feik, 53, has a prosthetic left eye due to a traumatic incident
in 1989. The visual acuity in his right eye is 20/15, and in his left
eye, no light perception. Following an examination in 2015, his
ophthalmologist stated, ``It is my opinion that Mr. Feik has excellent
peripheral vision and visual acuity in the right eye to perform the
tasks required of him to operate a commercial vehicle without
reservations.'' Mr. Feik reported that he has driven straight trucks
for 8 years, accumulating 380,000 miles. He holds a Class BM CDL from
Illinois. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Phillip E. Fitzpatrick
Mr. Fitzpatrick, 38, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/70. Following an examination in 2014, his optometrist stated,
``Based on the longstanding nature of Phillip's amblyopia in the left
eye and the fact he has had a CDL for a number of years I believe that
Phillip can safely and effectively operate a vehicle that requires a
CDL.'' Mr. Fitzpatrick reported that he has driven straight trucks for
18 years, accumulating 90,000 miles. He holds a Class B CDL from New
Mexico. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
William H. Fleming
Mr. Fleming, 68, has had a branch vein occlusion in his right eye
since 2012. The visual acuity in his right eye is 20/60, and in his
left eye, 20/25. Following an examination in 2014, his optometrist
stated, ``In my medical opinion,
William Fleming has sufficient vision to perform the driving task
required to operate a commercial vehicle.'' Mr. Fleming reported that
he has driven buses for 3 years, accumulating 78,000 miles. He holds a
Class B CDL from Oregon. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Lucien W. Foote III
Mr. Foote, 61, has had exotropia with amblyopia in his left eye
since childhood. The visual acuity in his right eye is 20/25, and in
his left eye, 20/80. Following an examination in 2014, his optometrist
stated, ``In my medical opinion, he has sufficient vision to perform
the necessary driving tasks for a commercial vehicle.''
Mr. Foote reported that he has driven straight trucks for 29 years,
accumulating 435,000 miles. He holds a Class A MC CDL from New
Hampshire. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Jimmy F. Garrett
Mr. Garrett, 61, has complete loss of vision in his right eye due
to a traumatic incident in 1974. 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, ``Due to his driving
record and excellent vision in his left eye I feel Jimmy can operate a
commercial vehicle safely.'' Mr. Garrett reported that he has driven
straight trucks for 6 years, accumulating 36,000 miles, and tractor-
trailer combinations for 26 years, accumulating 2.34 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.
Odus P. Gautney III
Mr. Gautney, 61, has had glaucoma in his left eye since 1983. The
visual acuity in his right eye is 2030, and in his left eye, 20/400.
Following an examination in 2014, his ophthalmologist stated, ``The
above named patient has had the diagnosis of glaucoma for over 30 years
. . . The patient can perform all tasks required to maintain CDL
certification.'' Mr. Gautney reported that he has driven tractor-
trailer combinations for 18 years, accumulating 1.8 million miles. He
holds a Class AM CDL from Texas. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Dale R. Goodell
Mr. Goodell, 73, has glaucoma in his left eye due to a traumatic
incident in 1991. 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, ``Attn: Vision Program U.S. Dept of Transportation
. . . Considering the fact this vision defect in the left eye is
longstanding I would state Dale has over time adapted to the loss of
vision and should continue to be able to operate a motor vehicle
safely.'' Mr. Goodell reported that he has driven straight trucks for
56 years, accumulating 5.6 million miles, and tractor-trailer
combinations for 42 years, accumulating 1.05 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.
Elmer Y. Mendoza
Mr. Mendoza, 35, has had histoplasmosis 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 201X, his optometrist
stated, ``I believe Mr. Mendoza does have sufficient vision required
for CDL.'' Mr. Mendoza reported that he has driven tractor-trailer
combinations for nine years, accumulating 954,000 miles. He holds a
Class A CDL from Virginia. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Andrew M. Miller
Mr. Miller, 60, has retinal detachment in his right eye due to a
traumatic incident in 1972. The visual acuity in his right eye is light
perception, and in his left eye, 20/20. Following an examination in
2014, his optometrist stated, ``He is able to perform the required
visual tasks associated with commercial driving skills.'' Mr. Miller
reported that he has driven straight trucks for 10 years, accumulating
110,000 miles. He holds an operator's license from Iowa. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Richard N. Moyer, Jr.
Mr. Moyer, 47, has had a retinal detachment in his left eye since
1990. The visual acuity in his right eye is 20/20, and in his left eye,
20/200. Following an examination in 2015, his ophthalmologist stated,
``Field is full od and doesn't compromise his ability to function as a
commercial driver.'' Mr. Moyer reported that he has driven straight
trucks for 29 years, accumulating 870,000 miles, and tractor-trailer
combinations for 26 years, accumulating 260,000 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.
Heath A. Pillig
Mr. Pillig, 43, has had anisometropia with amblyopia in his left
eye since childhood. The visual acuity in his right
[[Page 14226]]
eye is 20/20, and in his left eye, 20/100. Following an examination in
2014, his ophthalmologist stated, ``Given his history and current
visual acuity I feel he has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Pillig reported
that he has driven straight trucks for 7.5 years, accumulating 881,250
miles, and tractor-trailer combinations for 13 years, accumulating 1.53
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.
Alonzo K. Rawls
Mr. Rawls, 46, 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 2015, his ophthalmologist stated,
``Patient has a corneal scar from an accident OS in 1990. Vision has
been poor since then. Patient obtained a commercial license in 2008 and
2010, but needs re-evaluation to see if he qualifies for an exemption
for a CDL license. The patient, based upon his examination today, does
not meet the requirements for a CDL. However, the patient has had a CDL
in the past with no accidnets on record. If appropriate, the patient
would desire a road test to prove his ability to safely drive and
quality [sic] for an exemption.'' Mr. Rawls reported that he has driven
straight trucks for 3 years, accumulating 18,375 miles. He holds a
Class A CDL from New Jersey. 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.
John R. Ropp
Mr. Ropp, 72, has had histoplasmosis in his left eye since 1973.
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,
``In my opinion I believe with his record of 30 plus years without an
accident or moving violation I don't feel his vision will be a concern
in regards to driving a commercial vehicle.'' Mr. Ropp reported that he
has driven straight trucks for 34 years, accumulating 68,000 miles, and
tractor-trailer combinations for 34 years, accumulating 68,000 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.
Timothy J. Slone
Mr. Slone, 51, has a prosthetic right eye due to a traumatic
incident in 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, ``Mr. Slone has sufficient vision to
operate a commercial vehicle under the following restrictions (a)
spectacle RX (b) passenger mirror.'' Mr. Slone reported that he has
driven straight trucks for 35 years, accumulating 1.75 million miles.
He holds an operator's license from Kentucky. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
David L. Sorensen
Mr. Sorensen, 57, has complete loss of vision in his right eye due
to a traumatic incident at birth. The visual acuity in his right eye is
counting fingers, and in his left eye, 20/20. Following an examination
in 2014, his optometrist stated, ``I would also state in my medical
opinion Mr. Sorensen is able to safely operate a commercial vehicle.
There is a longstanding history of loss of vision in the right eye
associated with trauma resulting in loss of vision in the right eye.''
Mr. Sorensen reported that he has driven straight trucks for 20 years,
accumulating 40,000 miles, and tractor-trailer combinations for 11
years, accumulating 33,000 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.
Nelson J. Stokke
Mr. Stokke, 54, has complete loss of vision in his left eye due to
a traumatic incident in 2005. The visual acuity in his right eye is 20/
20, and in his left eye, light perception. Following an examination in
2014, his ophthalmologist stated, ``In summary, this 53 year old
commercial truck driver has adequate vision to continue driving a
commercial vehicle in my opinion.'' Mr. Stokke reported that he has
driven tractor-trailer combinations for 29 years, accumulating 1.37
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.
Darwin L. Stuart
Mr. Stuart, 55, 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/
350. Following an examination in 2014, his optometrist stated, ``In my
opinion Mr. Stuart has sufficient vision to perform [sic] driving tasks
required to operate a commercial vehicle.'' Mr. Stuart reported that he
has driven straight trucks for 23 years, accumulating 115,000 miles,
and tractor-trailer combinations for 8 years, accumulating 60,000
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.
Ivan Tlumach
Mr. Tlumach, 45, 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, ``At this time, from a medical standpoint, he has sufficient
vision needed to continue to perform the driving tasks required to
operate a commercial motor vehicle.'' Mr. Tlumach reported that he has
driven straight trucks for 12 years, accumulating 144,000 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.
Clarence K. Watkins
Mr. Watkins, 74, has/has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/25, and in his left
eye, 20/400. Following an examination in 2014, his ophthalmologist
stated, ``Pt's [sic] vision is currently as good as it has ever been
with 20/25 visual acuity in his right eye and 20/400 vision in his left
eye. Pt's [sic] ability to drive commercial truck at this time would be
no different than his ability has been over the past 5 decades.'' Mr.
Watkins reported that he has driven straight trucks for 55 years,
accumulating 550,000 miles, and tractor-trailer combinations for 56
years, accumulating 112,000 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.
Kevin D. Zaloudek
Mr. Zaloudek, 43, has a damaged cornea and retina in his right eye
due to a traumatic incident in childhood. The visual acuity in his
right eye is counting fingers, and in his left eye, 20/15. Following an
examination in 2014, his optometrist stated, ``In my opinion Kevin
Zaludek's vision is sufficient for him to safely operate a commercial
vehicle.'' Mr. Zaloudek reported that he has driven straight trucks for
15 years, accumulating 225,000 miles. He holds an operator's license
from Vermont. His driving record for the last 3 years shows
[[Page 14227]]
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-2014-0304 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-2014-0304 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: March 12, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-06179 Filed 3-17-15; 8:45 am]
BILLING CODE 4910-EX-P