80 FR 12248 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 44 (March 6, 2015)

Page Range		12248-12251
FR Document		2015-05236

FMCSA announces receipt of applications from 27 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.

Federal Register, Volume 80 Issue 44 (Friday, March 6, 2015)

[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Pages 12248-12251]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-05236]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0302]

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 27 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 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-2014-0302 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: 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 27 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

Joel C. Bailey

Mr. Bailey, 60, has had a macular scar in his left eye since 2007.
The visual acuity in his right eye is 20/25, and in his left eye, 20/
60. Following an examination in 2014, his ophthalmologist stated, ``He
has

[[Page 12249]]

sufficient vision to perform driving tasks and operate a commercial
vehicle with no restrictions.'' Mr. Bailey reported that he has driven
tractor-trailer combinations for 19 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.

Mackfie Bradley, Jr.

Mr. Bradley, 47, has had macular scarring in his left eye since
childhood. The visual acuity in his right eye is 20/40, and in his left
eye, counting fingers. Following an examination in 2014, his
optometrist stated, ``In my medical opinion, Mr. Bradley has sufficient
vision to safely operate a commercial vehicle.'' Mr. Bradley reported
that he has driven straight trucks for 8 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 no convictions
for moving violations in a CMV.

Justin C. Bruchman

Mr. Bruchman, 31, has had a globe laceration with retinal
detachment in his left eye since 2002. 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, ``Through my testing, the
patient exhibits sufficient vision to operate a commercial vehicle.''
Mr. Bruchman reported that he has driven straight trucks for 10 years,
accumulating 500,000 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.

Bradley J. Compton

Mr. Compton, 52, 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/
100. Following an examination in 2014, his optometrist stated, ``In my
opinion, he has sufficient enough vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Compton reported that
he has driven straight trucks for 38 years, accumulating 494,000 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.

Anthony C. Curtis

Mr. Curtis, 71, has had enucleation due to cancerous choroid in his
left eye since 1996. The visual acuity in his right eye is 20/25, and
in his left eye, no light perception. Following an examination in 2014,
his optometrist stated, ``In my opinion Mr. Curtis has sufficient
stable vision with his right eye to perform the driving taks [sic]
required to operate a commercial vehicle.'' Mr. Curtis reported that he
has driven tractor-trailer combinations for 35 years, accumulating 3.5
million 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.

Douglas S. Dalling

Mr. Dalling, 46, has had Coats' Disease in his right eye since
childhood. 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, Mr. Dalling has
sufficient vision in his left eye to perform the driving test required
to operate a commercial vehicle.'' Mr. Dalling reported that he has
driven straight trucks for 16 years, accumulating 576,000 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.

Lloyd A. Dornbusch

Mr. Dornbusch, 68, has had macular degeneration in his left eye
since 2002. The visual acuity in his right eye is 20/20, and in his
left eye, 20/150. Following an examination in 2014, his optometrist
stated, ``I certify that in my opinion Mr. Dornbusch has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Dornbusch reported that he has driven tractor-trailer
combinations for 48 years, accumulating 2.4 million miles. He holds a
Class A CDL from Pennsylvania. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Randall R. Drake

Mr. Drake, 53, has had alternating esotropia 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 2014, his optometrist stated,
``He has a stable decrease in vision with a vision of 20/30 in the
right eye and 20/200 in the left eye . . . He does have an ability to
recognize traffic control signals and has not shown a noted decrease in
his ability to operate a commercial vehicle.'' Mr. Drake reported that
he has driven straight trucks for 38 years, accumulating 380,000 miles,
tractor-trailer combinations for 30 years, accumulating 300,000 miles,
and buses for five years, accumulating 50,000 miles. He holds a Class C
CDL from California. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Paul E. Emmons

Mr. Emmons, 62, has had optic nerve atrophy 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 optometrist
stated, ``In my opinion he has sufficient vision to operate commercial
vehicles.'' Mr. Emmons reported that he has driven straight trucks for
40 years, accumulating 1.2 million miles. He holds a Class B CDL from
Rhode Island. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Thomas P. Fitzsimmons Jr.

Mr. Fitzsimmons, 51, has had esotropia and amblyopia in his left
eye since birth. The visual acuity in his right eye is 20/20, and in
his left eye, 20/100. Following an examination in 2014, his optometrist
stated, ``In summary, Mr. Fitzsimmons has sufficient vision to operate
a commercial vehicle.'' Mr. Fitzsimmons reported that he has driven
straight trucks for 18 years, accumulating 396,000 miles. He holds an
operator's license from North Carolina. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.

Steve L. Frisby

Mr. Frisby, 56, has had a retinal detachment in his right eye since
2004. The visual acuity in his right eye is 20/400, and in his left
eye, 20/25. Following an examination in 2014, his optometrist stated,
``It is my opinion that Mr. Frisby has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Frisby
reported that he has driven straight trucks for 35 years, accumulating
4.38 million miles, and tractor-trailer combinations for 35 years,
accumulating 4.38 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.

Daryl G. Gibson

Mr. Gibson, 45, has had a degenerated optic nerve in his left eye
since childhood. The visual acuity in his right eye is 20/20, and in
his left eye, light

[[Page 12250]]

perception. Following an examination in 2014, his optometrist stated,
``Vision is acceptable for driving a commercial vehicle.'' Mr. Gibson
reported that he has driven straight trucks for 3 years, accumulating
6,000 miles, and tractor-trailer combinations for 17 years,
accumulating 340,000 miles. He holds a Class A CDL from Florida. His
driving record for the last 3 years shows no crashes and one conviction
for a moving violation in a CMV; he failed to yield to a traffic
signal.

Mark J. Goodrich

Mr. Goodrich, 48, 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, 20/70. Following an examination in 2014, his optometrist
stated, ``Pt [sic] meets minimum standards of vision to safely drive a
commercial vehicle.'' Mr. Goodrich reported that he has driven straight
trucks for 31 years, accumulating 186,000 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.

Ramon L. Green

Mr. Green, 45, has retinal scarring in his left eye due to a
traumatic incident in 2003. 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, ``Ii [sic] is my medical opinion that Mr. Green has
sufficient visual acuity and visual field to operate a commercial
vehicle.'' Mr. Green reported that he has driven straight trucks for 21
years, accumulating 1.89 million miles, and tractor-trailer
combinations for 21 years, accumulating 2.63 million 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.

Carl E. Hess

Mr. Hess, 61, has had a full-thickness macular hole in his left eye
since 2010. The visual acuity in his right eye is 20/30, and in his
left eye, 20/50. Following an examination in 2014, his ophthalmologist
stated, ``US Department of Transportation Federal Vision Exemption
Program . . . In my medical opinion, I do believe he has sufficient
vision to perform the required driving tasks.'' Mr. Hess reported that
he has driven straight trucks for 41 years, accumulating 307,500 miles,
and tractor-trailer combinations for 13 years, accumulating 1.3 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.

Mark E. Jeans

Mr. Jeans, 35, has had Behcet's panuveities, primary open angle
glaucoma, and a retinal detachment in his right eye since 2005. 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 our medical opinion, Mr. Jeans has sufficient vision to
operate a commercial vehicle.'' Mr. Jeans reported that he has driven
straight trucks for one year, accumulating 11,000 miles, and buses for
13 years, accumulating 2.15 million miles. He holds a Class B CDL from
Oklahoma. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Chad Kauffman

Mr. Kauffman, 26, has enucleation in his right eye due to a
traumatic incident during 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, ``In my medical opinion I
do believe he has adapted to monocular vision very well and does meet
the requirements necessary to operate a commercial vehicle.'' Mr.
Kauffman reported that he has driven straight trucks for 4 years,
accumulating 4,000 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.

Scottie W. Lewis

Mr. Lewis, 42, has had band keratopathy and keratectomy in his
right eye since childhood. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2014, his optometrist stated, ``Patient has normal 20/20 Vision with
full visual field in his left eye sufficient to operate a commercial
motor vehicle.'' Mr. Lewis reported that he has driven straight trucks
for 23 years, accumulating 112,700 miles. He holds a Class A CDL from
Georgia. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

David S. Mayo

Mr. Mayo, 46, has had refractive amblyopia in his right eye since
2005. The visual acuity in his right eye is 20/200, and in his left
eye, 20/25. Following an examination in 2015, his optometrist stated,
``pt [sic] reports that need testing done for commercial license . . .
h/o [sic] refractive amblyopia OD since 2005 when pt [sic] was first
seen here . . . Patient drivesDriving [sic] Difficulties: none . . .
Fields: Full with no restrictions OU.'' Mr. Mayo reported that he has
driven straight trucks for 10 years, accumulating one million miles,
and tractor-trailer combinations for 10 years, accumulating one million
miles. He holds a Class A CDL from Virginia. His driving record for the
last 3 years shows one crash, to which he did not contribute and was
not cited, and no convictions for moving violations in a CMV.

Ross E. McCleary

Mr. McCleary, 38, has optic nerve compression in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, no light perception. Following an examination in 2014, his
optometrist stated, ``I certify that because of the stability of the
visual condition, which has been long standing, he has sufficient
vision to perform the driving task required to operate a commercial
vehicle.''
Mr. McCleary reported that he has driven straight trucks for 4
years, accumulating 100,000 miles. He holds a Class A CDL from
Nebraska. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Alex D. McCrady

Mr. McCrady, 27, has complete loss of vision in his left eye due to
a traumatic incident in 2004. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination
in 2014, his ophthalmologist stated, ``I believe he has sufficient
vision to perform the driving tasks requirec [sic] to operate a
commercial vehicle.'' Mr. McCrady reported that he has driven straight
trucks for six years, accumulating 300,000 miles, and tractor-trailer
combinations for four months, accumulating 5,000 miles. He holds a
Class AMC CDL from New Hampshire. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Stacy L. Michael

Mr. Michael, 48, 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 Stacy Michael has sufficient vision to perform the
driving tasks required to operate a

[[Page 12251]]

commercial vehicle.'' Mr. Michael reported that he has driven straight
trucks for 27 years, accumulating 81,000 miles, and tractor-trailer
combinations for 27 years, accumulating 189,000 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.

Charles A. Morgan

Mr. Morgan, 75, has had a retinal vascular occlusion in his right
eye since 2009. The visual acuity in his right eye is 20/100, and in
his left eye, 20/25. Following an examination in 2014, his optometrist
stated, ``Mr. Morgan appears to have sufficient vision to perform the
driving tasks required to operate a commercial vehicle.''
Mr. Morgan reported that he has driven buses for 50 years,
accumulating 500,000 miles. He holds a Class B CDL from North Carolina.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Paul C. Swanson

Mr. Swanson, 56, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/150, and in his
left eye, 20/25. Following an examination in 2014, his ophthalmologist
stated, ``Patient has sufficient vision to operate a commercial vehicle
without restriction.'' Mr. Swanson reported that he has driven straight
trucks for 33 years, accumulating 1.05 million miles. He holds a Class
B CDL from Illinois. 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 by 15 MPH.

Terrance W. Temple

Mr. Temple, 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 2014, his optometrist stated, ``In my
opinion, he has sufficient vision to drive a commercial vehicle.'' Mr.
Temple reported that he has driven straight trucks for 40 years,
accumulating 624,000 miles. He holds a Class B CDL from Ohio. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Rick A. Tucker

Mr. Tucker, 60, has had a retinal detachment in his left eye since
2001. The visual acuity in his right eye is 20/30, and in his left eye,
20/200. Following an examination in 2014, his optometrist stated, ``Mr.
Tucker's visual abilities are adequate to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Tucker reported that he
has driven straight trucks for 15 years, accumulating 750,000 miles,
and tractor-trailer combinations for 15 years, accumulating 750,000
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.

Jason R. White

Mr. White, 32, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2014, his optometrist stated, ``I found
no reason to believe he does not have sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. White
reported that he has driven straight trucks for 6.5 years, accumulating
243,750 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.

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-2014-0302 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-2014-0302 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: February 26, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-05236 Filed 3-5-15; 8:45 am]
BILLING CODE 4910-EX-P

12248 Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Notices

main line at milepost 1.0 in Conewago, DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of
and milepost 0.0 in West Donegal the West Building, 1200 New Jersey
Township, in Lancaster County, Pa. Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9
This transaction may be Administration a.m. and 5 p.m., Monday through
consummated on March 20, 2015 (the Friday, except Federal holidays. The
[Docket No. FMCSA–2014–0302]
effective date of this notice). FDMS is available 24 hours each day,
Applicants currently control one Qualification of Drivers; Exemption 365 days each year. If you want
Class III rail carrier, Clinton Terminal Applications; Vision acknowledgment that we received your
Railroad Company, which operates in comments, please include a self-
the State of North Carolina. AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or
Applicants certify that: (1) The rail Administration (FMCSA), DOT. postcard or print the acknowledgement
lines to be operated by EZR do not ACTION: Notice of applications for page that appears after submitting
connect with any other railroads exemptions, request for comments. comments on-line.
operated by the carriers in the Privacy Act: In accordance with 5
applicants’ corporate family; (2) the SUMMARY: FMCSA announces receipt of U.S.C. 553(c), DOT solicits comments
continuance in control is not part of a applications from 27 individuals for from the public to better inform its
series of anticipated transactions that exemption from the vision requirement rulemaking process. DOT posts these
would connect the rail lines to be in the Federal Motor Carrier Safety comments, without edit, including any
operated by EZR with any other railroad Regulations. They are unable to meet personal information the commenter
in applicants’ corporate family; and (3) the vision requirement in one eye for provides, to www.regulations.gov, as
the transaction does not involve a Class various reasons. The exemptions will described in the system of records
I rail carrier. Therefore, the transaction enable these individuals to operate notice (DOT/ALL–14 FDMS), which can
is exempt from the prior approval commercial motor vehicles (CMVs) in be reviewed at www.dot.gov/privacy.
requirements of 49 U.S.C. 11323. See 49 interstate commerce without meeting FOR FURTHER INFORMATION CONTACT:
CFR 1180.2(d)(2). the prescribed vision requirement in Charles A. Horan, III, Director, Carrier,
Under 49 U.S.C. 10502(g), the Board one eye. If granted, the exemptions Driver and Vehicle Safety Standards,
may not use its exemption authority to would enable these individuals to (202) 366–4001, fmcsamedical@dot.gov,
relieve a rail carrier of its statutory qualify as drivers of commercial motor FMCSA, Department of Transportation,
obligation to protect the interests of its vehicles (CMVs) in interstate commerce. 1200 New Jersey Avenue SE., Room
employees. Section 11326(c), however, DATES: Comments must be received on W64–224, Washington, DC 20590–0001.
does not provide for labor protection for or before April 6, 2015. All comments Office hours are from 8:30 a.m. to 5
transactions under 11324 and 11325 will be investigated by FMCSA. The p.m., Monday through Friday, except
that involve only Class III rail carriers. exemptions will be issued the day after Federal holidays. If you have questions
Accordingly, the Board may not impose the comment period closes. regarding viewing or submitting
labor protective conditions here because material to the docket, contact Docket
ADDRESSES: You may submit comments
all of the carriers involved are Class III Services, telephone (202) 366–9826.
bearing the Federal Docket Management
carriers. SUPPLEMENTARY INFORMATION:
If the notice contains false or System (FDMS) Docket No. FMCSA–
misleading information, the exemption 2014–0302 using any of the following I. Background
is void ab initio. Petitions to revoke the methods:
• Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315,
exemption under 49 U.S.C. 10502(d) FMCSA may grant an exemption from
may be filed at any time. The filing of http://www.regulations.gov. Follow the
on-line instructions for submitting the Federal Motor Carrier Safety
a petition to revoke will not Regulations for a 2-year period if it finds
automatically stay the effectiveness of comments.
• Mail: Docket Management Facility; ‘‘such exemption would likely achieve a
the exemption. Stay petitions must be level of safety that is equivalent to or
filed no later than March 13, 2015 (at U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building greater than the level that would be
least seven days before the exemption achieved absent such exemption.’’
becomes effective). Ground Floor, Room W12–140,
Washington, DC 20590–0001. FMCSA can renew exemptions at the
An original and 10 copies of all end of each 2-year period. The 27
pleadings, referring to Docket No. FD • Hand Delivery: West Building
Ground Floor, Room W12–140, 1200 individuals listed in this notice have
35903, must be filed with the Surface each requested such an exemption from
Transportation Board, 395 E Street SW., New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday the vision requirement in 49 CFR
Washington, DC 20423–0001. In 391.41(b)(10), which applies to drivers
addition, one copy of each pleading through Friday, except Federal
Holidays. of CMVs in interstate commerce.
must be served on John K. Fiorilla, Accordingly, the Agency will evaluate
Capehart & Scatchard, P.A., 8000 • Fax: 1–202–493–2251.
Instructions: Each submission must the qualifications of each applicant to
Midlantic Drive, Suite 300S, Mount determine whether granting an
Laurel, NJ 08054. include the Agency name and the
docket numbers for this notice. Note exemption will achieve the required
Board decisions and notices are level of safety mandated by statute.
available on our Web site at that all comments received will be
WWW.STB.DOT.GOV. posted without change to http:// II. Qualifications of Applicants
mstockstill on DSK4VPTVN1PROD with NOTICES

www.regulations.gov, including any
Decided: March 3, 2015. personal information provided. Please Joel C. Bailey
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
see the Privacy Act heading below for Mr. Bailey, 60, has had a macular scar
further information. in his left eye since 2007. The visual
Brendetta S. Jones, Docket: For access to the docket to acuity in his right eye is 20/25, and in
Clearance Clerk. read background documents or his left eye, 20/60. Following an
[FR Doc. 2015–05208 Filed 3–5–15; 8:45 am] comments, go to http:// examination in 2014, his
BILLING CODE 4915–01–P www.regulations.gov at any time or ophthalmologist stated, ‘‘He has

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Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Notices 12249

sufficient vision to perform driving no light perception. Following an trailer combinations for 30 years,
tasks and operate a commercial vehicle examination in 2014, his optometrist accumulating 300,000 miles, and buses
with no restrictions.’’ Mr. Bailey stated, ‘‘In my opinion Mr. Curtis has for five years, accumulating 50,000
reported that he has driven tractor- sufficient stable vision with his right miles. He holds a Class C CDL from
trailer combinations for 19 years, eye to perform the driving taks [sic] California. His driving record for the last
accumulating 1.9 million miles. He required to operate a commercial 3 years shows no crashes and no
holds a Class A CDL from Florida. His vehicle.’’ Mr. Curtis reported that he has convictions for moving violations in a
driving record for the last 3 years shows driven tractor-trailer combinations for CMV.
no crashes and no convictions for 35 years, accumulating 3.5 million
miles. He holds a Class A CDL from Paul E. Emmons
moving violations in a CMV.
Washington. His driving record for the Mr. Emmons, 62, has had optic nerve
Mackfie Bradley, Jr. last 3 years shows no crashes and no atrophy in his right eye since childhood.
Mr. Bradley, 47, has had macular convictions for moving violations in a The visual acuity in his right eye is 20/
scarring in his left eye since childhood. CMV. 400, and in his left eye, 20/20.
The visual acuity in his right eye is 20/ Following an examination in 2014, his
Douglas S. Dalling optometrist stated, ‘‘In my opinion he
40, and in his left eye, counting fingers.
Following an examination in 2014, his Mr. Dalling, 46, has had Coats’ has sufficient vision to operate
optometrist stated, ‘‘In my medical Disease in his right eye since childhood. commercial vehicles.’’ Mr. Emmons
opinion, Mr. Bradley has sufficient The visual acuity in his right eye is light reported that he has driven straight
vision to safely operate a commercial perception, and in his left eye, 20/20. trucks for 40 years, accumulating 1.2
vehicle.’’ Mr. Bradley reported that he Following an examination in 2014, his million miles. He holds a Class B CDL
has driven straight trucks for 8 years, ophthalmologist stated, ‘‘In my medical from Rhode Island. His driving record
accumulating 2.4 million miles. He opinion, Mr. Dalling has sufficient for the last 3 years shows no crashes and
holds an operator’s license from North vision in his left eye to perform the no convictions for moving violations in
Carolina. His driving record for the last driving test required to operate a a CMV.
3 years shows no crashes and no commercial vehicle.’’ Mr. Dalling
reported that he has driven straight Thomas P. Fitzsimmons Jr.
convictions for moving violations in a
CMV. trucks for 16 years, accumulating Mr. Fitzsimmons, 51, has had
576,000 miles. He holds a Class B CDL esotropia and amblyopia in his left eye
Justin C. Bruchman from Pennsylvania. His driving record since birth. The visual acuity in his
Mr. Bruchman, 31, has had a globe for the last 3 years shows no crashes and right eye is 20/20, and in his left eye,
laceration with retinal detachment in no convictions for moving violations in 20/100. Following an examination in
his left eye since 2002. The visual acuity a CMV. 2014, his optometrist stated, ‘‘In
in his right eye is 20/20, and in his left summary, Mr. Fitzsimmons has
Lloyd A. Dornbusch
eye, light perception. Following an sufficient vision to operate a
examination in 2014, his optometrist Mr. Dornbusch, 68, has had macular commercial vehicle.’’ Mr. Fitzsimmons
stated, ‘‘Through my testing, the patient degeneration in his left eye since 2002. reported that he has driven straight
exhibits sufficient vision to operate a The visual acuity in his right eye is 20/ trucks for 18 years, accumulating
commercial vehicle.’’ Mr. Bruchman 20, and in his left eye, 20/150. 396,000 miles. He holds an operator’s
reported that he has driven straight Following an examination in 2014, his license from North Carolina. His driving
trucks for 10 years, accumulating optometrist stated, ‘‘I certify that in my record for the last 3 years shows no
500,000 miles. He holds an operator’s opinion Mr. Dornbusch has sufficient crashes and no convictions for moving
license from Wisconsin. His driving vision to perform the driving tasks violations in a CMV.
record for the last 3 years shows no required to operate a commercial
vehicle.’’ Mr. Dornbusch reported that Steve L. Frisby
crashes and no convictions for moving
violations in a CMV. he has driven tractor-trailer Mr. Frisby, 56, has had a retinal
combinations for 48 years, accumulating detachment in his right eye since 2004.
Bradley J. Compton 2.4 million miles. He holds a Class A The visual acuity in his right eye is 20/
Mr. Compton, 52, has had amblyopia CDL from Pennsylvania. His driving 400, and in his left eye, 20/25.
in his left eye since childhood. The record for the last 3 years shows no Following an examination in 2014, his
visual acuity in his right eye is 20/20, crashes and no convictions for moving optometrist stated, ‘‘It is my opinion
and in his left eye, 20/100. Following an violations in a CMV. that Mr. Frisby has sufficient vision to
examination in 2014, his optometrist perform the driving tasks required to
Randall R. Drake
stated, ‘‘In my opinion, he has sufficient operate a commercial vehicle.’’ Mr.
enough vision to perform the driving Mr. Drake, 53, has had alternating Frisby reported that he has driven
tasks required to operate a commercial esotropia in his left eye since childhood. straight trucks for 35 years,
vehicle.’’ Mr. Compton reported that he The visual acuity in his right eye is 20/ accumulating 4.38 million miles, and
has driven straight trucks for 38 years, 30, and in his left eye, 20/200. tractor-trailer combinations for 35 years,
accumulating 494,000 miles. He holds a Following an examination in 2014, his accumulating 4.38 million miles. He
Class A CDL from Idaho. His driving optometrist stated, ‘‘He has a stable holds a Class A CDL from California.
record for the last 3 years shows no decrease in vision with a vision of 20/ His driving record for the last 3 years
mstockstill on DSK4VPTVN1PROD with NOTICES

crashes and no convictions for moving 30 in the right eye and 20/200 in the left shows no crashes and no convictions for
violations in a CMV. eye . . . He does have an ability to moving violations in a CMV.
recognize traffic control signals and has
Anthony C. Curtis not shown a noted decrease in his Daryl G. Gibson
Mr. Curtis, 71, has had enucleation ability to operate a commercial vehicle.’’ Mr. Gibson, 45, has had a degenerated
due to cancerous choroid in his left eye Mr. Drake reported that he has driven optic nerve in his left eye since
since 1996. The visual acuity in his straight trucks for 38 years, childhood. The visual acuity in his right
right eye is 20/25, and in his left eye, accumulating 380,000 miles, tractor- eye is 20/20, and in his left eye, light

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12250 Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Notices

perception. Following an examination last 3 years shows no crashes and no optometrist stated, ‘‘pt [sic] reports that
in 2014, his optometrist stated, ‘‘Vision convictions for moving violations in a need testing done for commercial
is acceptable for driving a commercial CMV. license . . . h/o [sic] refractive
vehicle.’’ Mr. Gibson reported that he amblyopia OD since 2005 when pt [sic]
Mark E. Jeans
has driven straight trucks for 3 years, was first seen here . . . Patient
accumulating 6,000 miles, and tractor- Mr. Jeans, 35, has had Behcet’s drivesDriving [sic] Difficulties: none
trailer combinations for 17 years, panuveities, primary open angle . . . Fields: Full with no restrictions
accumulating 340,000 miles. He holds a glaucoma, and a retinal detachment in OU.’’ Mr. Mayo reported that he has
Class A CDL from Florida. His driving his right eye since 2005. The visual driven straight trucks for 10 years,
record for the last 3 years shows no acuity in his right eye is light accumulating one million miles, and
crashes and one conviction for a moving perception, and in his left eye, 20/20. tractor-trailer combinations for 10 years,
violation in a CMV; he failed to yield to Following an examination in 2014, his accumulating one million miles. He
a traffic signal. ophthalmologist stated, ‘‘In our medical holds a Class A CDL from Virginia. His
opinion, Mr. Jeans has sufficient vision driving record for the last 3 years shows
Mark J. Goodrich to operate a commercial vehicle.’’ Mr. one crash, to which he did not
Mr. Goodrich, 48, has had refractive Jeans reported that he has driven contribute and was not cited, and no
amblyopia in his left eye since birth. straight trucks for one year, convictions for moving violations in a
The visual acuity in his right eye is 20/ accumulating 11,000 miles, and buses CMV.
20, and in his left eye, 20/70. Following for 13 years, accumulating 2.15 million
an examination in 2014, his optometrist miles. He holds a Class B CDL from Ross E. McCleary
stated, ‘‘Pt [sic] meets minimum Oklahoma. His driving record for the Mr. McCleary, 38, has optic nerve
standards of vision to safely drive a last 3 years shows no crashes and no compression in his left eye since
commercial vehicle.’’ Mr. Goodrich convictions for moving violations in a childhood. The visual acuity in his right
reported that he has driven straight CMV. eye is 20/20, and in his left eye, no light
trucks for 31 years, accumulating perception. Following an examination
186,000 miles. He holds an operator’s Chad Kauffman in 2014, his optometrist stated, ‘‘I certify
license from Pennsylvania. His driving Mr. Kauffman, 26, has enucleation in that because of the stability of the visual
record for the last 3 years shows no his right eye due to a traumatic incident condition, which has been long
crashes and no convictions for moving during childhood. The visual acuity in standing, he has sufficient vision to
violations in a CMV. his right eye is no light perception, and perform the driving task required to
in his left eye, 20/20. Following an operate a commercial vehicle.’’
Ramon L. Green
examination in 2015, his optometrist Mr. McCleary reported that he has
Mr. Green, 45, has retinal scarring in stated, ‘‘In my medical opinion I do driven straight trucks for 4 years,
his left eye due to a traumatic incident believe he has adapted to monocular accumulating 100,000 miles. He holds a
in 2003. The visual acuity in his right vision very well and does meet the Class A CDL from Nebraska. His driving
eye is 20/20, and in his left eye, 20/400. requirements necessary to operate a record for the last 3 years shows no
Following an examination in 2014, his commercial vehicle.’’ Mr. Kauffman crashes and no convictions for moving
optometrist stated, ‘‘Ii [sic] is my reported that he has driven straight violations in a CMV.
medical opinion that Mr. Green has trucks for 4 years, accumulating 4,000
sufficient visual acuity and visual field Alex D. McCrady
miles. He holds an operator’s license
to operate a commercial vehicle.’’ Mr. from Pennsylvania. His driving record Mr. McCrady, 27, has complete loss of
Green reported that he has driven for the last 3 years shows no crashes and vision in his left eye due to a traumatic
straight trucks for 21 years, no convictions for moving violations in incident in 2004. The visual acuity in
accumulating 1.89 million miles, and a CMV. his right eye is 20/20, and in his left eye,
tractor-trailer combinations for 21 years, no light perception. Following an
accumulating 2.63 million miles. He Scottie W. Lewis examination in 2014, his
holds a Class A CDL from Louisiana. His Mr. Lewis, 42, has had band ophthalmologist stated, ‘‘I believe he
driving record for the last 3 years shows keratopathy and keratectomy in his right has sufficient vision to perform the
no crashes and no convictions for eye since childhood. The visual acuity driving tasks requirec [sic] to operate a
moving violations in a CMV. in his right eye is no light perception, commercial vehicle.’’ Mr. McCrady
and in his left eye, 20/20. Following an reported that he has driven straight
Carl E. Hess
examination in 2014, his optometrist trucks for six years, accumulating
Mr. Hess, 61, has had a full-thickness stated, ‘‘Patient has normal 20/20 Vision 300,000 miles, and tractor-trailer
macular hole in his left eye since 2010. with full visual field in his left eye combinations for four months,
The visual acuity in his right eye is 20/ sufficient to operate a commercial motor accumulating 5,000 miles. He holds a
30, and in his left eye, 20/50. Following vehicle.’’ Mr. Lewis reported that he has Class AMC CDL from New Hampshire.
an examination in 2014, his driven straight trucks for 23 years, His driving record for the last 3 years
ophthalmologist stated, ‘‘US Department accumulating 112,700 miles. He holds a shows no crashes and no convictions for
of Transportation Federal Vision Class A CDL from Georgia. His driving moving violations in a CMV.
Exemption Program . . . In my medical record for the last 3 years shows no
opinion, I do believe he has sufficient Stacy L. Michael
crashes and no convictions for moving
mstockstill on DSK4VPTVN1PROD with NOTICES

vision to perform the required driving violations in a CMV. Mr. Michael, 48, has had amblyopia
tasks.’’ Mr. Hess reported that he has in his right eye since birth. The visual
driven straight trucks for 41 years, David S. Mayo acuity in his right eye is 20/80, and in
accumulating 307,500 miles, and Mr. Mayo, 46, has had refractive his left eye, 20/20. Following an
tractor-trailer combinations for 13 years, amblyopia in his right eye since 2005. examination in 2014, his optometrist
accumulating 1.3 million miles. He The visual acuity in his right eye is 20/ stated, ‘‘In my medical opinion Stacy
holds a Class AM CDL from 200, and in his left eye, 20/25. Michael has sufficient vision to perform
Pennsylvania. His driving record for the Following an examination in 2015, his the driving tasks required to operate a

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Document Created: 2018-02-21 09:33:40
Document Modified: 2018-02-21 09:33:40

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of applications for exemptions, request for comments.
Dates		Comments must be received on or before April 6, 2015. All comments will be investigated by FMCSA. The exemptions will be issued the day after the comment period closes.
Contact		Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, [email protected], 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.
FR Citation		80 FR 12248

80 FR 12248 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 44 (March 6, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration