Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
February 4, 2015
[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Pages 6162-6166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02133]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0301]
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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[[Page 6163]]
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 March 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-2014-0301 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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 online.
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
Jason P. Atwater
Mr. Atwater, 42, has had optic nerve damage and neuropathy due to
meningitis in his right eye since 1993. The visual acuity in his right
eye is light perception, and in his left eye, 20/20. Following an
examination in 2014, his ophthalmologist stated, ``In my medical
opinion, I believe that he has sufficient vision to operate a
commercial vehicle.'' Mr. Atwater reported that he has driven straight
trucks for 4 years, accumulating 160,000 miles, and tractor-trailer
combinations for 4 years, accumulating 140,000 miles. He holds a Class
A CDL from Utah. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Barry W. Borger
Mr. Borger, 69, has had a retinal detachment and phthisical cornea
in his left eye since 2008. 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, ``I believe that, in my opinion, Barry
Borger has sufficient vision to perform the driving tasks required of
him.'' Mr. Borger reported that he has driven straight trucks for 40
years, accumulating one 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.
William W. Dugger
Mr. Dugger, 49, 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, ``Therefore
in my professional opinion Mr. Dugger has tested and has found to have
sufficient vision to perform the tasks to safely operate a commercial
vehicle.'' Mr. Dugger reported that he has driven straight trucks for 5
years, accumulating 125,000 miles. He holds a Class DB CDL from
Kentucky. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Steven D. Ellsworth
Mr. Ellsworth, 46, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/400. Following an examination in 2014, his ophthalmologist
stated, ``It is my clinical opinion that his vision is stable from last
year and he is fit to continue his position as a fleet technician, as
well as his requirement to drive CMV vehicles as previously performed
as part of his job duties.'' Mr. Ellsworth reported that he has driven
straight trucks for 7 years, accumulating 104,993 miles. He holds a
Class A CDL from Illinois. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Travis B. Giest
Mr. Giest, 39, has macular and retinal scarring in his right eye
due to a traumatic incident during childhood. The visual acuity in his
right eye is 20/200, and in his left eye, 20/20. Following an
examination in 2014, his optometrist stated, ``In my opinion, Mr. Giest
has sufficient vision to operate a commercial vehicle.'' Mr. Giest
reported
[[Page 6164]]
that he has driven straight trucks for 3.5 years, accumulating 27,300
miles, and tractor-trailer combinations for 3.5 years, accumulating
27,300 miles. He holds a Class A CDL from Idaho. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Arlan T. Hrubes
Mr. Hrubes, 66, has had central retinal artery obstruction and
subsequent laser surgeries resulting in macular scars in his right eye
since 1995. The visual acuity in his right eye is 20/400, and in his
left eye, 20/15. Following an examination in 2014, his optometrist
stated, ``In my professional opinion the loss of Mr. Hrubes central
vision of his right eye in no way restricts his ability to operate a
commercial vehicle or any other vehicle and this is in agreement with
scientific studies posing the question ``what advantage does a two eye
person have over a one eyed person.: The answer to that question is,
``very little''. A two eye person has a spare, whereas a one eyed
person does not.'' Mr. Hrubes reported that he has driven straight
trucks for 34 years, accumulating 170,000 miles, and tractor-trailer
combinations for 26 years, accumulating 260,000 miles. He holds a Class
A CDL from Wyoming. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Abdalla M. Jalili
Mr. Jalili, 45, has had amblyopia since childhood and a retinal
detachment since 2007, both in his left eye. The visual acuity in his
right eye is 20/25, and in his left eye, 20/400. Following an
examination in 2014, his optometrist stated, ``Based on my medical
opinion the patient has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Jalili reported that he
has driven straight trucks for 11 years, accumulating 82,500 miles. He
holds a Class D CDL from Illinois. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
David M. Krause
Mr. Krause, 57, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/80, and in his left eye, 20/20.
Following an examination in 2014, his optometrist stated, ``In my
medical opinion, Mr. Krause possesses the necessary visual functioning
to drive a commercial vehicle.'' Mr. Krause reported that he has driven
straight trucks for 3 years, accumulating 10,200 miles. He holds a
Class ABCDM CDL from Wisconsin. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Stephen C. Martin
Mr. Martin, 39, has had a corneal scar and 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 2014, his
optometrist stated, ``In my medical opinion I certify that Stephen
Martin has sufficient vision to perform the driving tasks required to
operate a commercial motor vehicle.'' Mr. Martin reported that he has
driven straight trucks for 5 years, accumulating 400,000 miles, and
tractor-trailer combinations for 5 years, accumulating 400,000 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.
Troy L. McCord
Mr. McCord, 26, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/80, and in his left eye, 20/
20. Following an examination in 2014, his optometrist stated, ``Patient
have [sic] sufficient vision to operate commercial vehicle.'' Mr.
McCord reported that he has driven straight trucks for 2 years,
accumulating 60,000 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.
Ronald M. Metzger
Mr. Metzger, 50, has had a conjunctional cyst and retinal
detachment in his left eye since 2011. The visual acuity in his right
eye is 20/20, and in his left eye, 20/125. Following an examination in
2014, his ophthalmologist stated, ``Based on todays [sic] exam, Pt
[sic] has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Metzger reported that he has driven
straight trucks for 23 years, accumulating 2.3 million 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.
Gerald D. Milner, Jr.
Mr. Milner, 47, has corneal scarring in his right eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is hand motion, and in his left eye, 20/20. Following an examination in
2014, his optometrist stated, ``Dr [sic] Valenti certifies through the
examination and my medical opinion that Gerald Milner has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Milner reported that he has driven straight trucks for
28 years, accumulating 121,464 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.
Ali Nimer
Mr. Nimer, 53, has a corneal scar and iris scarring in his right
eye due to a traumatic incident during childhood. The visual acuity in
his right eye is counting fingers, and in his left eye, 20/20.
Following an examination in 2014, his optometrist stated, ``In my
opinion Mr. Nimer has sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Nimer reported that he
has driven straight trucks for 9 years, accumulating 37,080 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.
Richard A. Pierce
Mr. Pierce, 44, has had strabismic 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 2014, his optometrist
stated, ``After completion of my examination it is my professional
opinion that Mr. Pierce has sufficient vision to perform the tasks
needed to operate a commercial vehicle.'' Mr. Pierce reported that he
has driven straight trucks for 5 years, accumulating 50,000 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.
Richard D. Pontious
Mr. Pontious, 55, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/60. Following an examination in 2014, his optometrist stated,
``In my opinion, Richard D [sic] Pontious has sufficient vision to
perform the tasks required to operate a commercial vehicle.'' Mr.
Pontious reported that he has driven tractor-trailer combinations for
26 years, accumulating 1.95 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.
[[Page 6165]]
Richard P. Rebel
Mr. Rebel, 75, has had complete loss of vision due to chorioretinal
scarring 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 2014, his optometrist stated, ``Richard has sufficient
vision and driving experience to drive a commercial vehicle with a
license restricted to corrective lenses and outside mirrors.'' Mr.
Rebel reported that he has driven straight trucks for 35 years,
accumulating 577,500 miles. He holds a Class B CDL from North Dakota.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Kevin L. Riddle
Mr. Riddle, 49, has had amblyopia with a retinal scar 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 2014, his
optometrist stated, ``Certifies that in his/her medial opinion, you
have sufficient vision to perform the driving tasks required to operate
a commercial vehicle. Yes, Patient Has Sufficient Vision to perform
Drving [sic] tasks.'' Mr. Riddle reported that he has driven straight
trucks for 6 years, accumulating 282,000 miles. He holds an operator's
license from Florida. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Mustafa Shahadeh
Mr. Shahadeh, 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 2014, his ophthalmologist
stated, ``He has a lifelong history of amblyopia and his vision was
consistent on all of his examinations . . . He easily exceeds the
standards for a non CDL driver's license and I see no reason he cannot
drive commercial vehicles safely.'' Mr. Shahadeh reported that he has
driven straight trucks for 16 years, accumulating 128,000 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.
Charles P. Smith
Mr. Smith, 66, has a prosthetic left eye due to a traumatic
incident in 2010. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2014,
his optometrist stated, ``Charles Smith has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Smith reported that he has driven straight trucks for 43 years,
accumulating 430,000 miles, and tractor-trailer combinations for 24
years, accumulating 2.4 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.
Timothy R. Tedford
Mr. Tedford, 42, has corneal scarring in his right eye due to a
traumatic incident in 1999. The visual acuity in his right eye is hand
motion, and in his left eye, 20/20. Following an examination in 2014,
his optometrist stated, ``I certify that in my professional medical
opinion, Mr. Tedford has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Tedford reported that
he has driven tractor-trailer combinations for 23 years, accumulating
345,000 miles. He holds a Class A CDL from Illinois. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Sean E. Twohig
Mr. Twohig, 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,
counting fingers. Following an examination in 2014, his ophthalmologist
stated, ``It is my medical opinion that Sean Twohig has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Twohig reported that he has driven straight trucks for
25 years, accumulating 2.5 million 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.
Melvin L. Vaughn
Mr. Vaughn, 68, has had central retinal vein occlusion in his left
eye since 2012. The visual acuity in his right eye is 20/20, and in his
left eye, 20/400. Following an examination in 2014, his optometrist
stated, ``It is in my medical opinion that this gentleman has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Vaughn reported that he has driven tractor-
trailer combinations for 40 years, accumulating four million miles. He
holds an operator's license from Wisconsin. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Rick L. Wood
Mr. Wood, 56, has had a macular scar 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 2014, his ophthalmologist
stated, ``In my medical opinion, due to his stable ocular status and
good visual fields, he has sufficient vision to perform in his driving
tasks required to operate a commercial vehicle.'' Mr. Wood reported
that he has driven straight trucks for 15 years, accumulating 150,000
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.
III. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice, indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so the
Agency can contact you if it has questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
put the docket number FMCSA-2014-0301 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
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http://www.regulations.gov and insert the docket number FMCSA-2014-0301
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: January 28, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-02133 Filed 2-3-15; 8:45 am]
BILLING CODE 4910-EX-P