Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
December 21, 2015
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79414-79417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31977]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0345]
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 19 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 January 20, 2016. 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-2015-0345 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: Christine A. Hydock, Chief, Medical
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
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 19 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.
[[Page 79415]]
II. Qualifications of Applicants
Raed A. Abdelrahim
Mr. Abdelrahim, 48, has a phthisis 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 2015,
his optometrist stated, ``His Right [sic] eye vision without correction
is 20/20 and his field of view is full to 120 degrees. Based on these
findings I feel he has sufficient vision to operate a commercial
vehicle.'' Mr. Abdelrahim reported that he has driven straight trucks
for 4 years, accumulating 300,000 miles, tractor-trailer combinations
for 1 year, accumulating 50,000 miles. He holds a Class A CDL from New
Hampshire. 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 signal.
Dominic A. Berube
Mr. Berube, 53, has had a central serous chorioretinopathy in his
right eye since 2005. The visual acuity in his right eye is 20/100, and
in his left eye, 20/15. Following an examination in 2015, his
ophthalmologist stated, ``I [sic] my medical opinion, Mr. Berube has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Berube reported that he has driven straight
trucks for 20 years, accumulating 260,000 miles. He holds a Class A CDL
from Massachusetts. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Gary L. Best
Mr. Best, 66, 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 2015, his ophthalmologist stated, ``No
medicalvisual [sic] contraindications to operating a commercial
vehicle.'' Mr. Best reported that he has driven straight trucks for 11
years, accumulating 330,000 miles. He holds a Class CA CDL from
Michigan. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Therron K. Billings
Mr. Billings, 49, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/15, and in his left
eye, counting fingers. Following an examination in 2015, his
optometrist stated, ``I feel that Mr. Billings sees very well with his
right eye and his visual field is full with minimal restrictions and
his reduced vision in his left eye should not affect his ability to
perform his job . . . Based on the requirements you have listed, he has
sufficient vision to operate a commercial vehicle.'' Mr. Billings
reported that he has driven straight trucks for 5 years, accumulating
57,500 miles. He holds a Class M operator's license from Virginia. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Lucien A. Fregeau
Mr. Fregeau, 68, has had refractive amblyopia in his right eye
since birth. The visual acuity in his right eye is 20/60, and in his
left eye, 20/30. Following an examination in 2015, his ophthalmologist
stated, ``OD: Vision 20/60, OS: Vision 20/30, based on this history . .
. my judgement is that he can drive this commercial vehicle.'' Mr.
Fregeau reported that he has driven straight trucks for 20 years,
accumulating 500,000 miles. He holds a Class D operator's license from
Connecticut. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Michael A. Gibbons
Mr. Gibbons, 62, has had optic neuropathy in his right eye since
2011. The visual acuity in his right eye is 20/50, and in his left eye,
20/20. Following an examination in 2015, his ophthalmologist stated,
``In my opinion, Michael has a sufficient [sic] when tested, as well as
vision overall, to continue his driving of commercial vehicles.'' Mr.
Gibbons reported that he has driven straight trucks for 26 years,
accumulating 390,000 miles and tractor-trailer combinations for 26
years, accumulating 390,000 miles. He holds a Class AM CDL license from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Fred M. Hill, Jr.
Mr. Hill, 71, has a prosthetic left eye due to a traumatic incident
in childhood. The visual acuity in his right eye is 20/40, and in his
left eye, no light perception. Following an examination in 2015, his
ophthalmologist stated, ``Mr. Hill has had only one eye since the age
of 12 . . . I expect Mr. Hill to continue to drive well and have no
reason to believe he will not continue to drive his commercial truck
well.'' Mr. Hill reported that he has driven straight trucks for 8
years, accumulating 80,000 miles. He holds an operator's license from
Louisiana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Freddie H. Johnson
Mr. Johnson, 42, 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
2015, his optometrist stated, ``It is my medical opinion that Freddie
Johnson has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Johnson reported that he has driven
straight trucks for 3 years, accumulating 322,500 miles. He holds an
operator's license from Idaho. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Timothy C. Kohn
Mr. Kohn, 34, has complete loss of vision 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, 20/15. Following an
examination in 201X, his optometrist stated, ``Mr. Kohn has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Kohn reported that he has driven straight trucks for 12
years, accumulating 6,000 miles, and tractor-trailer combinations for 4
years, accumulating 18,000 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.
John D. Morgan
Mr. Morgan, 44, has central vision loss in his right eye due to a
traumatic incident in 1996. The visual acuity in his right eye is 20/
150, and in his left eye, 20/25. Following an examination in 2015, his
optometrist stated, ``I feel that Mr. Morgan meets the monocular
criteria to perform the driving tasks required to operate a commercial
vehicle with his left eye only.'' Mr. Morgan reported that he has
driven straight trucks for 19 years, accumulating 95,760 miles and
tractor-trailer combinations for 19 years, accumulating 205,200 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.
Brian M. Olivas
Mr. Olivas, 26, 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
[[Page 79416]]
stated, ``In my professional opinion he has sufficient vision to
perform the task of driving a commercial vehicle.'' Mr. Olivas reported
that he has driven straight trucks for 3 years, accumulating 180,000
miles. He holds a Class B CDL from Texas. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Douglas Pitts
Mr. Pitts, 54, has complete loss of vision in his left eye due to a
traumatic incident in 2001. 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, ``Considering that his visual defiency
[sic] has been stable for 14 years, it is my medical opinion that
Douglas Pitts has sufficient vision to operate a commercial vehicle.''
Mr. Pitts reported that he has driven straight trucks for 6 years,
accumulating 450,000 miles and tractor-trailer combinations for 30
years, accumulating 1.5 million miles. He holds a Class A CDL license
from Ohio. His driving record for the last 3 years shows no crashes one
conviction for a moving violation in a CMV; he exceeded the speed limit
by 13 mph.
Jesus R. Ponce
Mr. Ponce, 50, has complete loss of vision in his right eye due to
a traumatic incident in 1982. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2015, his ophthalmologist stated, ``I believe that Mr. Ponce has
sufficient vision in his left eye in order to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Ponce reported that he
has driven straight trucks for 10 years, accumulating 230,880 miles and
buses for 10 years, accumulating 230,880 miles. He holds a Class B CDL
from New York. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Eddie R. Schaef
Mr. Schaef, 67, has had pseudophakia in his left eye since 2011.
The visual acuity in his right eye is 20/30, and in his left eye, 20/
50. Following an examination in 2015, his optometrist stated, ``In my
medical opinion, Mr. Schaef has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Schaef
reported that he has driven straight trucks for 10 years, accumulating
500,000 miles. He holds an operator's license from Texas. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Brian J. Stoltie
Mr. Stoltie, 35, 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 2015, his optometrist
stated, ``Mr. Stoltie does have sufficient vision uncorrected to
operate a commercial vehicle, however a contact lens in the right eye
is recommended to maximize his visual acuity.'' Mr. Stoltie reported
that he has driven straight trucks for 15 years, accumulating 1 million
miles. He holds a Class D operator's license from South Carolina. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Terry A. Strong
Mr. Strong, 69, has had partial optic atrophy in his left eye since
1985. The visual acuity in his right eye is 20/25, and in his left eye,
20/400. Following an examination in 2015, his optometrist stated, ``I
have examined Mr. Strong and find that he has sufficient vision, field
of view, and experience to safely preform driving tasks required to
operate a commercial vehicle.'' Mr. Strong reported that he has driven
straight trucks for 48 years, accumulating 1.68 million miles and
tractor-trailer combinations for 15 years, accumulating 75,000 miles.
He holds an operator's license from California. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Michael A. Terry
Mr. Terry, 58, has had a retinal detachment in his right eye since
2007. The visual acuity in his right eye is light perception, and in
his left eye, 20/15. Following an examination in 2015, his optometrist
stated, ``In my medical opinion, Michael has sufficient vision to
perform the visual tasks required to operate a commercial vehicle.''
Mr. Terry reported that he has driven tractor-trailer combinations for
30 years, accumulating 2.55 million miles. He holds a Class A CDL from
Indiana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Russell A. Wilkinson
Mr. Wilkinson, 60, has optic atrophy in his left eye due to a
traumatic incident in 1974. The visual acuity in his right eye is 20/
25, and in his left eye, 20/400. Following an examination in 2015, his
ophthalmologist stated, ``Overall, his level of vision should enable
him to safely drive a commercial vehicle.'' Mr. Wilkinson reported that
he has driven straight trucks for 38 years, accumulating 570,000 miles
and tractor-trailer combinations for 38 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.
Timothy W. Youngblood, Jr.
Mr. Youngblood, 39, has had complete loss of vision in his left eye
since birth. The visual acuity in his right eye is 20/15, and in his
left eye, hand motion. Following an examination in 2015, his
optometrist stated, ``It is my opinion that Mr. Youngblood has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Youngblood reported that he has driven
straight trucks for 9 years, accumulating 450,000 miles and tractor-
trailer combinations for 9 years, accumulating 450,000 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.
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-2015-0345 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
[[Page 79417]]
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-2015-0345 in the ``Keyword'' box and
click ``Search.'' Next, click ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.
Issued on: December 9, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-31977 Filed 12-18-15; 8:45 am]
BILLING CODE 4910-EX-P