Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
June 3, 2015
[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Notices]
[Pages 31636-31640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13486]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0049]
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 23 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 July 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-2015-0049 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
[[Page 31637]]
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 23 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 J. Altobelli
Mr. Altobelli, 39, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/60, and in his left
eye, 20/20. Following an examination in 2014, his optometrist stated,
``Based on the results of his eye examination, Mr. Altobelli has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle safely.'' Mr. Altobelli reported that he has driven
straight trucks for 21 years, accumulating 420,000 miles. He holds a
Class B CDL from Connecticut. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Johnny A. Bingham
Mr. Bingham, 46, has had amblyopia strabismus in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/200. Following an examination in 2015, his optometrist stated,
``Field of vision in each eye tests 120 degrees in the horizontal
meridians, and has sufficient vision to perform the driving tasks he is
required to operate a commercial vehicle.'' Mr. Bingham reported that
he has driven straight trucks for 8 years, accumulating 4,000 miles,
and tractor-trailer combinations for 4 years, accumulating 4,000 miles.
He holds a Class A CDL from North Carolina. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Robert A. Buckley
Mr. Buckley, 62, has a retinal detachment in his 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 2015, his optometrist stated, ``Mr. Buckley has
maintained a commercial license for over forty years with no driving
incidents. In my opinion, there I [sic] no reason to believe his
driving skills are diminished due to his long standing monovision.''
Mr. Buckley reported that he has driven straight trucks for 45 years,
accumulating 900,000 miles. He holds an operator's license from
Indiana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Allen E. Clark
Mr. Clark, 27, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/30, and in his left eye, 20/
60. Following an examination in 2014, his ophthalmologist stated, ``In
my medical opinion, given his stable eye examination, he has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Clark reported that he has driven straight trucks for
eight years, accumulating 68,000 miles, and tractor-trailer
combinations for five years, accumulating 12,500 miles. He holds a
Class A CDL from New York. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Don A. Clymer
Mr. Clymer, 69, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/200, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``In my
opinion, Mr. Clymer has sufficient acuity to operate a commercial
vehicle.'' Mr. Clymer reported that he has driven straight trucks for
53 years, accumulating 530,000 miles, and tractor-trailer combinations
for 53 years, accumulating 1.33 million 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.
Bryan K. Dalton
Mr. Dalton, 51, 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 2015, his optometrist stated, ``Normal
VF no issues driving.'' Mr. Dalton reported that he has driven straight
trucks for 35 years, accumulating 87,500 miles, tractor-trailer
combinations for 33 years, accumulating 660,000 miles, and buses for 3
years, accumulating 3,000 miles. He holds a Class A CDL from North
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
[[Page 31638]]
Joseph B. Fry
Mr. Fry, 27, has had amblyopia in his left eye since childhood. The
visual acuity in his right eye is 20/20, and in his left eye, 20/60.
Following an examination in 2015, his optometrist stated, ``With this
testing and that performed at the routine eye exam on 1/12/15 the
patient has sufficient vision to safely perform the driving tasks
required to operate a commercial vehicle.'' Mr. Fry reported that he
has driven straight trucks for 4 years, accumulating 10,000 miles, and
tractor-trailer combinations for 4 years, accumulating 12,000 miles. He
holds a Class A CDL from Kansas. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
David B. Ginther
Mr. Ginther, 58, has had enucleation in his left eye since 2012 due
to ocular melanoma. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2015,
his optometrist stated, ``U.S. Department of Transportation . . .
Provided these findings [sic], I certify that Mr. Ginther is able to
perform driving tasks with sufficient vision within your standards.''
Mr. Ginther reported that he has driven straight trucks for 40 years,
accumulating 600,000 miles, and buses for 4 years, accumulating 8,000
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.
Dominic F. Giordano
Mr. Giordano, 47, has had strabismic amblyopia in his left eye
since childhood. The visual acuity in his right eye is 20/30, and in
his left eye, 20/150. Following an examination in 2014, his optometrist
stated, ``In my opinion, Mr. Giordano has sufficient vision and
peripheral field of vision to perform tasks required to operate a
commercial vehicle.'' Mr. Giordano reported that he has driven straight
trucks for 4 years, accumulating 200,000 miles, and tractor-trailer
combinations for 10 years, accumulating 500,000 miles. He holds a Class
A CDL from Connecticut. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Thomas E. Groves
Mr. Groves, 53, has had a retinal scar in his right eye since 2013.
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,
``Although Mr. Groves has a moderate amount of decreased central vision
in the right eye, I believe his overall acuity, depth perception, and
peripheral vision is sufficient to safely operate a commercial
vehicle.'' Mr. Groves reported that he has driven straight trucks for
15 years, accumulating 1.69 million miles, and tractor-trailer
combinations for 20 years, accumulating 3.5 million miles. He holds a
Class A CDL from West Virginia. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Jose J. Guzman-Olguin
Mr. Guzman-Olguin, 47, has had a retinal detachment in his left eye
since childhood. 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 professional opinion, Mr. Guzman is capable
of driving a commercial vehicle to the extent his test results conform
to the law and with any visual aids that are required by law for
monocular driver.'' Mr. Guzman-Olguin reported that he has driven
straight trucks for 7 years, accumulating 36,400 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.
Stephen T. Hines
Mr. Hines, 58, has a prosthetic 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 ophthalmologist stated, ``There is no ocular reason that should
prevent you from operating any motor vehicle.'' Mr. Hines reported that
he has driven straight trucks for 38 years, accumulating 19,000 miles,
and tractor-trailer combinations for 35 years, accumulating 2.1 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.
James J. Keranen
Mr. Keranen, 43, has had amblyopia 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 2014, his optometrist stated, ``It is
my medical opinion that James Keranan has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Keranen reported that he has driven straight trucks for 16 years,
accumulating 400,000 miles. He holds a chauffer's license from
Michigan. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Wesley S. Kilpatrick
Mr. Kilpatrick, 36, has had angle closure and a retinal detachment
causing a visual field defect in his right eye since 2012. The visual
acuity in his right eye is 20/40, and in his left eye, 20/15. Following
an examination in 2015, his optometrist stated, ``In my opinion [sic],
Wes Kilpatrick has sufficient vision to perform any task, including the
driving requirements to operate a commercial vehicle.'' Mr. Kilpatrick
reported that he has driven straight trucks for 16 years, accumulating
400,000 miles, tractor-trailer combinations for 16 years, accumulating
160,000 miles, and buses for 12 years, accumulating 132,000 miles. He
holds an operator's license from Oklahoma. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Herbert S. Lear
Mr. Lear, 60, has had aphakia in his right eye since 1990. The
visual acuity in his right eye is 20/250, and in his left eye, 20/20.
Following an examination in 2015, his optometrist stated, ``I believe
that Mr. Lear has sufficient vision to continue to perform the driving
tasks required to operate a commercial vehicle as he has been doing
over the past 25 years.'' Mr. Lear reported that he has driven straight
trucks for 43 years, accumulating 860,000 miles, and tractor-trailer
combinations for 43 years, accumulating 215,000 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.
Christopher V. May
Mr. May, 53, has had amblyopia in his left eye since childhood. The
visual acuity in his right eye is 20/25, and in his left eye, 20/60.
Following an examination in 2014, his optometrist stated, ``In my
medical opinion, Mr. Christopher May has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. May
reported that he has driven straight trucks for 30 years, accumulating
300,000 miles, and tractor-trailer combinations for 22 years,
accumulating 880,000 miles. He holds a Class AM CDL from Georgia. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
[[Page 31639]]
Nathan C. Nissen
Mr. Nissen, 35, has corneal scarring and reduced vision in his
right eye due to a traumatic incident in 2003. The visual acuity in his
right eye is 20/45, and in his left eye, 20/20. Following an
examination in 2014, his optometrist stated, ``Based on these findings,
I feel Nathan C. Nissen has the visual abilities to continue operating
a commercial motor vehicle in interstate commerce because the visual
loss in his right eye occurred in 2003 and has been stable since that
time.'' Mr. Nissen reported that he has driven straight trucks for 14
years, accumulating 9,800 miles, and tractor-trailer combinations for
14 years, accumulating 700,000 miles. He holds a Class A CDL from Iowa.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Jeffery Reed
Mr. Reed, 49, 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/
50. Following an examination in 2014, his optometrist stated, ``U.S.
Dept. of Transportation . . . With corrective lenses, I feel that Mr.
Reed is safe to drive.'' Mr. Reed reported that he has driven tractor-
trailer combinations for 27 years, accumulating 2.83 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.
Gregory S. Richter, Sr.
Mr. Richter, 59, 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 optometrist stated, ``I
believe Mr. Richter has sufficient vision to preform [sic] the driving
tasks required to operate a commercial vehicle.'' Mr. Richter reported
that he has driven straight trucks for 35 years, accumulating 1.4
million miles, and tractor-trailer combinations for one year,
accumulating 50,000 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. Rotenberger
Mr. Rotenberger, 41, 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/
100. Following an examination in 2014, his optometrist stated, ``Based
on the exam findings and the fact the Dave has been driving and
operating heavy machinery on the farm for the last 25 years without
incident, it is my medical opinion that David Rotenberger has
sufficient vision to operate a commercial vehicle for farm use.'' Mr.
Rotenberger reported that he has driven straight trucks for 30 years,
accumulating 75,000 miles, and tractor-trailer combinations for 25
years, accumulating 625,000 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.
George Tomecek, Jr.
Mr. Tomecek, 54, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/500, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated that Mr.
Tomecek does not have any conditions or diseases that would make him an
unsafe driver. Mr. Tomecek reported that he has driven straight trucks
for 28 years, accumulating 336,000 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.
Richard G. Vaughn
Mr. Vaughn, 71, has had complete loss of vision in his right eye
since 2012 due to a central vein occlusion. The visual acuity in his
right eye is hand motion, and in his left eye, 20/20. Following an
examination in 2015, his optometrist stated, ``Mr. Vaughn has been
driving commercially since his vision loss in 2012. He should have
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Vaughn reported that he has driven straight
trucks for 8 years, accumulating 80,000 miles, and tractor-trailer
combinations for 40 years, accumulating 5.5 million miles. He holds a
Class A CDL from North Carolina. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Paul C. Weiss
Mr. Weiss, 56, 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 2015, his optometrist stated, ``In my
opinion, Mr. Weiss has sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Weiss reported that he
has driven straight trucks for 38 years, accumulating 3.04 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.
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-2015-0049 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-2015-0049 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.
[[Page 31640]]
Issued On: May 22, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-13486 Filed 6-2-15; 8:45 am]
BILLING CODE 4910-EX-P