Qualification of Drivers; Exemption Applications; Vision |
|---|
|
Larry W. Minor
Federal Motor Carrier Safety Administration
November 2, 2015
[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Notices]
[Pages 67472-67476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27879]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0071]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions; request for comments.
-----------------------------------------------------------------------
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
[[Page 67473]]
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 December 2, 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-2015-0071 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 W64-224,
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
Bruce D. Amundson
Mr. Amundson, 59, 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 2015, his optometrist stated, ``Bruce
Amundson definitely has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Amundson reported that
he has driven straight trucks for 43 years, accumulating 215,000 miles,
and tractor-trailer combinations for 15 years, accumulating 450,000
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.
Terry M. Baldwin
Mr. Baldwin, 51, has had optic nerve coloboma and retinal dysplasia
in his left eye since birth. The visual acuity in his right eye is 20/
20, and in his left eye, light perception. Following an examination in
2015, his optometrist stated, ``Since Mr. Baldwin has been living his
entire life with this left eye vision deficit, he has obviously made
compensatory adaptations to it and has sufficient vision to perform
driving tasks required to operate a commercial vehicle.'' Mr. Baldwin
reported that he has driven straight trucks for 12 years, accumulating
124,800 miles. He holds a Class C CDL from Pennsylvania. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Gene B. Clyde
Mr. Clyde, 52, has had 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 2015, his ophthalmologist stated, ``In my
medical opinion, this patient has been driving for over 30 years and
has not had any accidents and therefore would seem his vision is
sufficient for commercial driving.'' Mr. Clyde reported that he has
driven straight trucks for 27 years, accumulating 675,000 miles, and
tractor-trailer combinations for 8 years, accumulating 200,000 miles.
He holds a Class AM CDL from New York. His driving record for the last
3 years shows no crashes and 1 conviction for a moving violation in a
CMV; he failed to obey a traffic control.
Joseph Coelho Jr.
Mr. Coelho, 55, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/200.
Following an examination in 2015, his ophthalmologist stated, ``He has
had amblyopia of the left eye throughout his life. In my medical
opinion, Mr. Coelho is qualified to operate a commercial motor
vehicle.'' Mr. Coelho reported that he has driven straight trucks for
38 years, accumulating 380,000 miles, and tractor-trailer combinations
for 2 years, accumulating 30,000 miles. He holds a Class A CDL from
Rhode Island. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Levi R. Coutcher
Mr. Coutcher, 60, has had optic nerve atrophy in his left eye since
1995. The visual acuity in his right eye is 20/20, and in his left eye,
20/150. Following an examination in 2015, his optometrist stated, ``In
my opinion Levi Coutcher has sufficient vision to perform the tasks
required to operate a commercial vehicle safely.'' Mr. Coutcher
reported that he has driven straight trucks for 14 years, accumulating
210,000 miles, and tractor-trailer combinations for 14 years,
[[Page 67474]]
accumulating 840,000 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.
Leonard H. Culbertson
Mr. Culbertson, 58, has optic neuropathy in his left eye due to a
traumatic incident in 1995. The visual acuity in his right eye is 20/
20, and in his left eye, counting fingers. 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. Culbertson reported that he has driven
straight trucks for 41 years, accumulating 410,000 miles, and tractor-
trailer combinations for 9 years, accumulating 1.13 million miles. He
holds a Class B CDL from Georgia. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Craig L. Dawson, Sr.
Mr. Dawson, 50, has had central scotoma in his left eye since 2008.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
100. Following an examination in 2015, his ophthalmologist stated, ``In
my medical opinion, Mr. Dawson does have sufficient vision to operate a
commercial vehicle.'' Mr. Dawson reported that he has driven straight
trucks for 25 years, accumulating 500,000 miles, and tractor-trailer
combinations for 25 years, accumulating 3 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.
Jason R. Gast
Mr. Gast, 36, has a detached retina with subsequent repair in his
right eye due to a traumatic incident in 2000. 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, ``Therefore it is my
medical opinion that he has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Gast reported
that he has driven straight trucks for 14 years, accumulating 26,000
miles, and tractor-trailer combinations for 2 years, accumulating 4,000
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.
Nirmal S. Gill
Mr. Gill, 50, has had esotropia and strabismic 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 2015, his
ophthalmologist stated, ``Patient has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Gill
reported that he has driven tractor-trailer combinations for 15 years,
accumulating 1.2 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.
Robert C. Green, Jr.
Mr. Green, 58, has a prosthetic left eye due to a traumatic
incident in 1960. 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, ``He has sufficient vision to perform all
driving tasks required to operate a commercial vehicle.'' Mr. Green
reported that he has driven straight trucks for 28 years, accumulating
21,840 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.
Stanley Grubb
Mr. Grubb, 62, has had refractive amblyopia in his left eye since
2002. The visual acuity in his right eye is 20/25, and in his left eye,
20/800. Following an examination in 2015, his optometrist stated,
``Patient has sufficient vision to drive a commercial vehicle.'' Mr.
Grubb reported that he has driven straight trucks for 43 years,
accumulating 774,000 miles, and tractor-trailer combinations for 43
years, accumulating 1.29 million miles. He holds a Class DA CDL from
Kentucky. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Louis M. Hankins
Mr. Hankins, 53, has had a prosthetic 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 ophthalmologist stated, ``I understand he has been driving on a CDL
. . . He has 110+ degrees of visual field on his right side. With side
mirrors he should be able to continue to drive without difficulty.''
Mr. Hankins reported that he has driven tractor-trailer combinations
for 31 years, accumulating 2.64 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.
Nathan H. Jacobs
Mr. Jacobs, 60, has had esotropia 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, ``I
certify that in my medical opinion does have sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Jacobs reported that he has driven tractor-trailer combinations for
34 years, accumulating 51,000 miles. He holds an operator's license
from New Mexico. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Danny L. Keplinger
Mr. Keplinger, 55, 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 2015, his optometrist stated,
``In my professional opinion, Mr. Keplinger has sufficient vision to
operate a commercial vehicle.'' Mr. Keplinger reported that he has
driven tractor-trailer combinations for 14 years, accumulating 728,000
miles. He holds a Class AM CDL from Virginia. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Kimber S. Krushinski
Mr. Krushinski, 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 2015, his optometrist
stated, ``US Dept. Transportation . . . Horizontal visual field is
satisfactory for driving.'' Mr. Krushinski reported that he has driven
straight trucks for 20 years, accumulating 680,000 miles. He holds an
operator's license from New York. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Carmelo Lana
Mr. Lana, 63, has had myopic degeneration and amblyopia in his left
eye since birth. The visual acuity in his right eye is 20/25, and in
his left eye, counting fingers. Following an examination in 2015, his
ophthalmologist stated, ``Myopic Degeneration Left and--congenital/
stable [sic] . . . Approved to operate commercial vehicle.'' Mr. Lana
reported that he has driven straight trucks for 43 years, accumulating
2.15 million miles,
[[Page 67475]]
and tractor-trailer combinations for 43 years, accumulating 2.15
million miles. He holds an operator's license from New Jersey. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Keith A. Lang
Mr. Lang, 42, has a prosthetic left eye due to a traumatic incident
in 1997. 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, ``With best corrected vision of 20/20 -1 in the
right eye and appropriate spectacle correction, pt. [sic] is able to
operate a commercial vehicle.'' Mr. Lang reported that he has driven
straight trucks for 6 years, accumulating 300,000 miles. He holds a
Class A CDL from Texas. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Nathan D. Langham
Mr. Langham, 56, has a chorioretinal scar in his right eye due to a
traumatic incident in 1990. 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, ``I certify that Nate Langham has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Langham reported that he has driven straight trucks for
10 years, accumulating 15,000 miles, and tractor-trailer combinations
for 15 years, accumulating 142,500 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.
Michael S. Lewis
Mr. Lewis, 49, has had refractive amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/100, and in his
left eye, 20/15. Following an examination in 2015, his optometrist
stated, ``It is my medical opinion that Mr [sic] Lewis has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Lewis reported that he has driven tractor-trailer
combinations for 27 years, accumulating 1.27 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.
Hector J. Lopez
Mr. Lopez, 60, has had macular degeneration in his left eye since
1995. 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, ``In
my medical opinion, he has sufficient vision to perform the driving
tasks required to operate a commercial vehicle at this time.'' Mr.
Lopez reported that he has driven tractor-trailer combinations for 23
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 1 conviction for a moving violation in a CMV; he failed to
obey a traffic sign.
John V. Narretto, Jr.
Mr. Narretto, 65, has had a retinal detachment in his left eye
since 2005. The visual acuity in his right eye is 20/20, and in his
left eye, counting fingers. Following an examination in 2015, his
ophthalmologist stated, ``I, Dr. David Fargason, certify in my medical
opinion that Mr. Narretto has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Narretto reported
that he has driven straight trucks for 32 years, accumulating 384,000
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.
Branden J. Ramos
Mr. Ramos, 32, 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/
30. Following an examination in 2015, his optometrist stated, ``In my
medical opinion, I feel Mr. Ramos has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Ramos
reported that he has driven tractor-trailer combinations for 3 years,
accumulating 904,000 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.
Sonny Scott
Mr. Scott, 46, has had an ocular aneurysm in his right eye since
1990. 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 Mr. Scott has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Scott reported that he has driven straight trucks for 18
years, accumulating 337,500 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.
Jarrod R. Seirer
Mr. Seirer, 31, has complete loss of vision in his left eye due to
a traumatic incident in 2009. 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, ``In my medical opinion, Mr. Jarrod
Seirer has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Seirer reported that he has driven
straight trucks for 1 year, accumulating 75,000 miles, and tractor-
trailer combinations for 11 years, accumulating 1.71 million 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.
Vince A. Thompson
Mr. Thompson, 28, 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, hand motion. Following an examination in 2015, his
optometrist stated, ``Due to his refractive amblyopia the best
corrected acuity in the left eye is reduced, but this does not pose a
problem at this time. I would recommend yearly eye exams and see no
restrictions concerning his ability to safely operate a commercial
motor vehicle.'' Mr. Thompson reported that he has driven straight
trucks for 4 years, accumulating 120,000 miles, and tractor-trailer
combinations for 4 years, accumulating 120,000 miles. He holds a Class
A CDL from Oregon. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Daniel R. Viscaya
Mr. Viscaya, 53, has had a retinal detachment in his left eye since
birth. 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, ``This patient can distinguish between red and
green signals and also has sufficient vision in order to operate a
commercial vehicle.'' Mr. Viscaya reported that he has driven straight
trucks for 18 years, accumulating 2.16 million miles, and tractor-
trailer combinations for 18 years, accumulating 2.16 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.
Carlos Vives
Mr. Vives, 32, has had a cataract in his right eye since childhood.
The visual acuity in his right eye is 20/150,
[[Page 67476]]
and in his left eye, 20/20. Following an examination in 2014, his
optometrist stated, ``Although the vision in his right eye is reduced,
I believe that he has enough peripheral awareness and adequate central
vision in the left eye to drive a commercial vehicle safely.'' Mr.
Vives reported that he has driven straight trucks for 3 years,
accumulating 136,500 miles. He holds an operator's license from New
Jersey. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Otis H. Wright Jr.
Mr. Wright, 58, 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 2015, his optometrist stated, ``I do
not foresee any visual problems with Mr. Wright that would make him
unable to operate a commercial vehicle: Also, he has stated to never
have had any problems in the past when operating a commercial
vehicle.'' Mr. Wright reported that he has driven straight trucks for 7
years, accumulating 84,000 miles. He holds an operator's license from
Maryland. 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-2015-0071 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-2015-0071 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: October 21, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-27879 Filed 10-30-15; 8:45 am]
BILLING CODE 4910-EX-P