Qualification of Drivers; Exemption Applications; Vision |
|---|
|
Larry W. Minor
Federal Motor Carrier Safety Administration
16 March 2016
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14190-14193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05903]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0350]
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 30 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 15, 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-2015-0350 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 30 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
Gary L. Bartels
Mr. Bartels, 60, has had a retinal detachment in his left eye since
2009. The visual acuity in his right eye is 20/30, and in his left eye,
20/100. Following an examination in 2015, his optometrist stated, ``In
my opinion, Gary Bartels has sufficient vision in his right eye and
with both eyes but not with his left eye, and has sufficient field of
vision in his right eye but not his left eye, to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Bartels reported
that he has driven tractor-trailer combinations for 35 years,
accumulating 2.45 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.
Christopher Benavidez
Mr. Benavidez, 54, 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, ``In my medical opinion he has more than sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Benavidez reported that he has driven straight trucks for 25 years,
accumulating 350,000 miles and tractor-trailer combinations for 15
years, accumulating 150,000 miles. He holds a Class A 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. Brence
Mr. Brence, 47, 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 2015, his optometrist stated, ``It is
my opinion that Mr. Brence has sufficient visual acuity, color vision,
and field of vision to perform the driving tasks required to operate
any vehicle safely, but specifically to operate a commercial vehicle
safely.'' Mr. Brence reported that he has driven tractor-trailer
combinations for 15 years, accumulating 1.95 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.
Dean B. Carrick
Mr. Carrick, 72, has had ptisis bulbi in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, no light perception.
[[Page 14191]]
Following an examination in 2015, his optometrist stated, ``He has been
monocular his entire adult life and has sufficient vision to perform
driving tasks required for commercial vehicles.'' Mr. Carrick reported
that he has driven straight trucks for 53 years, accumulating 132,500
miles and tractor-trailer combinations for 45 years, accumulating 1.6
million 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.
Jaime V. Cavazos
Mr. Cavazos, 43, has had a prosthetic left eye since 2008. 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, ``In my medical opinion, Mr. Jaime Valdez has sufficient vision
to perform the driving tasks to operate a commercial vehicle.'' Mr.
Cavazos reported that he has driven tractor-trailer combinations for 21
years, accumulating 1.34 million 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.
Jacob Dehoyos
Mr. Dehoyos, 35, has had traumatic glaucoma in his right eye since
1995. 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, ``I
certify that he has sufficient vision to perform driving tasks required
to operate a commercial vehicle.'' Mr. Dehoyos reported that he has
driven straight trucks for 5 years, accumulating 273,500 miles. He
holds a Class D 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.
Larry D. Fulk
Mr. Fulk, 46, has had a choroidal melanoma in his right eye since
2012. The visual acuity in his right eye is 20/70, and in his left eye,
20/15. Following an examination in 2015, his ophthalmologist stated,
``In my medical opinion, Mr. Fulk certainly has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Fulk reported that he has driven straight trucks for 30 years,
accumulating 30,000 miles and tractor-trailer combinations for 23
years, accumulating 575,000 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.
Hugo A. Galvis Barrera
Mr. Galvis Barrera, 40, has had amblyopia in his left eye since
birth. The visual acuity in his right eye is 20/20, and in his left
eye, 20/60. Following an examination in 2015, his optometrist stated,
``The above patient's driver's visual condition is not likely to
interfere with the ability to safely operate a commercial motor vehicle
and is likely to remain stable for the next two years.'' Mr. Galvis
Barrera reported that he has driven tractor-trailer combinations for 4
years, accumulating 384,000 miles. He holds a Class A CDL from Georgia.
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.
Harold J. Gilbert
Mr. Gilbert, 46, has been blind due to trauma in his right eye
since 1975. 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, ``I certify in my medical opinion in reference to ocular
function, Harold Gilbert, has sufficient vision to perform driving
tasks required to operate a commercial vehicle.'' Mr. Gilbert reported
that he has driven straight trucks for 15 years, accumulating 300,000
miles. He holds a Class A CDL from Colorado. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Darrell K. Harber
Mr. Harber, 46, has had a macular scar in his right eye due to a
traumatic incident in 1986. The visual acuity in his right eye is hand
motion, and in his left eye, 20/25. Following an examination in 2015,
his optometrist stated, ``This certifies that, in my medical opinion,
the above named individual has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Harber reported
that he has driven straight trucks for 5 years, accumulating 325,000
miles and tractor-trailer combinations for 5 years, accumulating 6,500.
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.
Clair G. High
Mr. High, 63, has been pseudophakic in his left eye since 1984. 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, ``My medical
opinion certifies that clair [sic] has sufficient vision to perfomr
[sic] driving task [sic] required to operate a commercial vehicle
[sic]'' Mr. High reported that he has driven straight trucks for 21
years, accumulating 420,000 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.
Robert E. Holbrook
Mr. Holbrook, 45, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/25, and in his left
eye, 20/200. Following an examination in 2015, his optometrist stated,
``In my professional medical opinion, Mr. Robert E. Holbrook has
sufficient vision to safely perform the driving tasks necessary to
operate a commercial vehicle.'' Mr. Holbrook reported that he has
driven straight trucks for 1 year, accumulating 4,999 miles, and
tractor-trailer combinations for 4 years, accumulating 80,000 miles. He
holds a Class AM CDL from Tennessee. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Lowell E. Jackson
Mr. Jackson, 66, has temporal hemianopia in his left eye due to a
traumatic incident in 1986. The visual acuity in his right eye is 20/
20, and in his left eye, hand motion. Following an examination in 2015,
his optometrist stated, ``I believe Lowell Jackson's safety record for
the past 29 years since that accident should allow him to continue
driving as a commercial driver.'' Mr. Jackson reported that he has
driven straight trucks for 5 years, accumulating 250,000 miles,
tractor-trailer combinations for 40 years, accumulating 4 million
miles. He holds a Class A CDL from Missouri. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Maurice L. Kinney
Mr. Kinney, 52, has been blind due to trauma in his left eye since
age five. The visual acuity in his right eye is 20/20, and in his left
eye, counting fingers. Following an examination in 2015, his
optometrist stated, ``Mr. Kinney entered with unaided visual acuity of
20/20 in his right eye . . . having tested Mr. Kinney and interpreting
the results, I find no reason to prohibit him from meeting the criteria
to retain his commercial drivers [sic] license.'' Mr. Kinney reported
that he has driven straight trucks for 11 years, accumulating 343,200
miles. He holds a Class B CDL from New York. His driving
[[Page 14192]]
record for the last 3 years shows no crashes and two convictions for
moving violations in a CMV; in one he disobeyed the traffic control
device and in the other he made an improper turn.
Richard R. Krafczynski, Jr.
Mr. Krafczynski, Jr., 53, has had amblyopia in his left eye since
birth. The visual acuity in his right eye is 20/20, and in his left
eye, 20/70. Following an examination in 2015, his optometrist stated,
``It is my opinion that he has sufficient vision to perform driving
tasks required to operate a commercial vehicle.'' Mr. Krafczynski
reported that he has driven straight trucks for 2 years, accumulating
80,000 miles and buses for 32 years, accumulating 1.28 million 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.
Michael S. McHale
Mr. McHale, 48, had a retinal detachment in his left eye during
childhood. 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, ``px [sic] meets federal standards for peripheral
vision as required by CDL.'' Mr. McHale reported that he has driven
straight trucks for 20 years, accumulating 1.8 million miles. He holds
a Class BM CDL from Pennsylvania. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Darin P. Milton
Mr. Milton, 49, has had a prosthetic right eye due to a traumatic
incident in 1990. The visual acuity in his right eye is no light
perception, and in his left eye, 20/15. Following an examination in
2015, his optometrist stated, ``I have followed Mr. Milton for the past
eleven years and feel his 20/20 visual acuity, large visual field, and
accurate color vision render him capable of driving a commercial
vehicle.'' Mr. Milton reported that he has driven straight trucks for
11 years, accumulating 396,000 miles and tractor-trailer combinations
for 17 years, accumulating 591,600 miles. He holds a Class A CDL
license from Tennessee. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Myron Morehouse
Mr. Morehouse, 51, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/200. Following an examination in 2015, his optometrist stated,
``I believe he can see well enough to safely operate a commercial
vehicle.'' Mr. Morehouse reported that he has driven straight trucks
for 21 years, accumulating 210,000 miles and tractor-trailer
combinations for 28 years, accumulating 140,000 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.
Dakota J. Papsun
Mr. Papsun, 24, has had a prosthetic left eye since 2012. 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,
``Monocular patients are able to operate commercial vehicles . . .
Therefore, I do not feel that there are any other ocular-related
reasons that would make it difficult to preform [sic] the necessary
tasks.'' Mr. Papsun reported that he has driven straight trucks for 8
years, accumulating 41,600 miles. He holds a Class C 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.
Raffaelo Petrillo
Mr. Petrillo, 49, has refractive amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/30, and in his left
eye, 20/200. Following an examination in 2015, his optometrist stated,
``Mr. Petrillo's visual status is adequate to operate a commercial
vehicle.'' Mr. Petrillo reported that he has driven straight trucks for
30 years, accumulating 72,000 miles, and tractor-trailer combinations
for 24 years, accumulating 240,000 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.
William J. Powell
Mr. Powell, 60, 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, ``In my
opinion, William has adequate vision to perform the tasks required to
safely operate a commercial vehicle.'' Mr. Powell reported that he has
driven straight trucks for 33 years, accumulating 369,402 miles. He
holds a Class DB CDL license from Kentucky. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Cory R. Rand
Mr. Rand, 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/
200. Following an examination in 2015, his optometrist stated, ``I,
Doctor Koray Arin, certify that Mr Cory R [sic] Rand has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Rand reported that he has driven straight trucks for 16
years, accumulating 480,000 miles. He holds a Class C CDL from New
Hampshire. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Bobby W. Sanders
Mr. Sanders, 55, has had corneal scarring in his right eye since
2004. The visual acuity in his right eye is counting fingers, and in
his left eye, 20/20. Following an examination in 2015, his
ophthalmologist stated, ``In my medical opinion [sic] Bobby Sanders has
sufficient vision to continue to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Sanders reported that he has driven
straight trucks for 10 years, accumulating 5,000 miles. He holds a
Class D operator's license from Tennessee. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Logan D. Shaffer
Mr. Shaffer, 34, has had anisometropic 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 optometrist
stated, ``In my medical opinion, patient has sufficient vision to
perform driving tasks associated with driving a commercial vehicle.''
Mr. Shaffer reported that he has driven straight trucks for 11 years,
accumulating 935,000 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.
Laurence W. Sellers
Mr. Sellers, 54, has had refractive amblyopia in his right eye
since childhood. 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, ``He has stated to me that he has been driving
commercial vehicles with no problems for the past 20 years. I see no
reason that he should not be able to continue to do so as a result of
his vision.'' Mr. Sellers reported that he has driven straight
[[Page 14193]]
trucks for 22 years, accumulating 200,200 miles. He holds a Class DM
operator's license from Alabama. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Johnny T. Solorio
Mr. Solorio, 47, is blind 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 2015,
his optometrist stated, ``It is my professional opinion that Mr.
Solorio has sufficient vision to perform the tasks required to operate
a commercial vehicle.'' Mr. Solorio reported that he has driven
straight trucks for 9 years, accumulating 900,000 miles and tractor-
trailer combinations for 9 years, accumulating 900,000 miles. He holds
a Class AM1 CDL from California. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Richard R. Vonderohe
Mr. Vonderohe, 52, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/40, and in his left
eye, 20/150. Following an examination in 2015, his optometrist stated,
``With correction, I believe Richard has sufficient has vision to
operate a commercial vehicle.'' Mr. Vonderohe reported that he has
driven straight trucks for 31 years, accumulating 496,000. 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.
William J. Watts
Mr. Watts, 56, had a retinal detachment in his left in 1970. The
visual acuity in his right eye is 20/20, and in his left eye, 20/70.
Following an examination in 2015, his optometrist stated, ``In my
medical opinion, Mr. Watts has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Watts reported
that he has driven straight trucks for 6 years, accumulating 60,000
miles, tractor-trailer combinations for 37 years, accumulating 4.44
million miles. He holds a Class A CDL from Montana. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Russell Zelich
Mr. Zelich, 49, has a central retinal scar in his right eye due to
a traumatic incident in 1980. The visual acuity in his right eye is
count fingers, and in his left eye, 20/20. Following an examination in
2015, his optometrist stated, ``Due to central retinal scarring his
right eye is reduced to finger counting while the left eye uncorrected
acuity is 20/25 correctable to 20/20 . . . He has had a commercial
driving license for nearly 3 decades without a chargeable accident . .
. In my opinion special allowances should me [sic] made in his case.''
Mr. Zelich reported that he has driven straight trucks for 24 years,
accumulating 360,000 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.
Frederick A. Zoeller, Jr.
Mr. Zoeller, 53, has had refractive amblyopia in his right eye
since childhood. The visual acuity in his right eye is 20/400, and in
his left eye, 20/20. Following an examination in 2015, his optometrist
stated, ``He is visually capable of performing the tasks required to
operate a commercial vehicle.'' Mr. Zoeller reported that he has driven
straight trucks for 37 years, accumulating 231,250 miles. He holds a
Class MC operator's license from New Hampshire. 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-2015-0350 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. FMCSA may issue a final determination at any time after
the close of the comment period.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble,
go to http://www.regulations.gov and insert the docket number FMCSA-
2015-0350 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 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05903 Filed 3-15-16; 8:45 am]
BILLING CODE 4910-EX-P