80 FR 14223 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 52 (March 18, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 52 (March 18, 2015)
| Page Range | 14223-14227 | |
| FR Document | 2015-06179 |
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)] [Notices] [Pages 14223-14227] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06179] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0304] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions, request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 28 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. They are unable to meet the vision requirement in one eye for 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 17, 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-2014-0304 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 [[Page 14224]] 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, [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. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' FMCSA can renew exemptions at the end of each 2-year period. The 28 individuals listed in this notice have each requested such an exemption from the vision requirement in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting an exemption will achieve the required level of safety mandated by statute. II. Qualifications of Applicants Dakota A. Albrecht Mr. Albrecht, 27, has a retinal scar in his right eye due to a traumatic incident in 2010. The visual acuity in his right eye is 20/ 150, and in his left eye, 20/15. Following an examination in 2014, his optometrist stated, ``It is our opinion that he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Albrecht reported that he has driven tractor-trailer combinations for 7 years, accumulating 700,000 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. Joseph L. Beverly Mr. Beverly, 58, has had complete loss of vision in his right eye since 2011 due to a central retinal artery occlusion. The visual acuity in his right eye is counting fingers, and in his left eye, 20/20. Following an examination in 2014, his ophthalmologist stated, ``It is my medical opinion as an ophthalmologist that Mr. Beverly has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Beverly reported that he has driven tractor- trailer combinations for 16 years, accumulating 960,000 miles. He holds an operator's license from Florida. 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 21 miles per hour. Jaroslav Cigler Mr. Cigler, 64, has had a branch retinal vein occlusion in his right eye since 2011. 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, ``Dr. Komyatte certifies that in her medical opinion, Mr. Cigler has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Cigler reported that he has driven tractor-trailer combinations for 20 years, accumulating 2.6 million miles. He holds an operator's license from Indiana. His driving record for the last 3 years shows one crash, for which he was not cited and did not contribute, and two convictions for moving violations in a CMV; in one instance he disregarded a traffic signal, and in another he was cited for improper lane usage. David E. Crane Mr. Crane, 59, has had amblyopia in his right eye since birth. The visual acuity in his right eye is 20/80, and in his left eye, 20/25. Following an examination in 2014, his optometrist stated, ``I also certify that he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Crane reported that he has driven straight trucks for 28 years, accumulating 700,000 miles. He holds a Class A CDL from Ohio. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV; he was operating a CMV in a no truck zone. Alan J. Daisey Mr. Daisey, 63, has complete loss of vision 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 2014, his optometrist stated, ``Mr. Daisey's vision is good enough to have a commercial license.'' Mr. Daisey reported that he has driven straight trucks for 18 years, accumulating 18,000 miles. He holds a Class CB CDL from Delaware. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Terry L. Daneau Mr. Daneau, 54, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/300. Following an examination in 2014, his optometrist stated, ``I believe that Terry Daneau possesses sufficient vision to maintain a CDL as long as glasses are worn.'' Mr. Daneau reported that he has driven straight trucks for 16 years, accumulating 800,000 miles. He holds a Class B MC CDL from New Hampshire. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Ronald A. Doyle Mr. Doyle, 53, has had a corneal scar in his right eye since 1985. The visual acuity in his right eye is 20/60, and in his left eye, 20/ 25. Following an examination in 2014, his optometrist stated, ``Upon examining patient I certify that in my medical opinion, has sufficient vision to perform the driving tasks required to operate a commercial vehicle with a license (non-CDL) as explained in #1 Proof of Commercial License.'' Mr. Doyle reported that he has driven straight trucks for 14 years, accumulating 121,422 miles. He holds a Class D license from New York. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Darin T. Eubank Mr. Eubank, 25, has had refractive amblyopia in his right eye since birth. The visual acuity in his right eye is 20/400, and in his left eye, 20/20. Following an examination in 2014, his optometrist stated, ``Darin has sufficient vision to drive a commercial vehicle.'' Mr. Eubank reported that he has driven straight trucks for 9 years, accumulating [[Page 14225]] 51,300 miles, and tractor-trailer combinations for 5 years, accumulating 17,500 miles. He holds a Class A CDL from Virginia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Dan J. Feik Mr. Feik, 53, has a prosthetic left eye due to a traumatic incident in 1989. The visual acuity in his right eye is 20/15, and in his left eye, no light perception. Following an examination in 2015, his ophthalmologist stated, ``It is my opinion that Mr. Feik has excellent peripheral vision and visual acuity in the right eye to perform the tasks required of him to operate a commercial vehicle without reservations.'' Mr. Feik reported that he has driven straight trucks for 8 years, accumulating 380,000 miles. He holds a Class BM CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Phillip E. Fitzpatrick Mr. Fitzpatrick, 38, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/70. Following an examination in 2014, his optometrist stated, ``Based on the longstanding nature of Phillip's amblyopia in the left eye and the fact he has had a CDL for a number of years I believe that Phillip can safely and effectively operate a vehicle that requires a CDL.'' Mr. Fitzpatrick reported that he has driven straight trucks for 18 years, accumulating 90,000 miles. He holds a Class B 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. Fleming Mr. Fleming, 68, has had a branch vein occlusion in his right eye since 2012. The visual acuity in his right eye is 20/60, and in his left eye, 20/25. Following an examination in 2014, his optometrist stated, ``In my medical opinion, William Fleming has sufficient vision to perform the driving task required to operate a commercial vehicle.'' Mr. Fleming reported that he has driven buses for 3 years, accumulating 78,000 miles. He holds a Class B CDL from Oregon. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Lucien W. Foote III Mr. Foote, 61, has had exotropia with amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/25, and in his left eye, 20/80. Following an examination in 2014, his optometrist stated, ``In my medical opinion, he has sufficient vision to perform the necessary driving tasks for a commercial vehicle.'' Mr. Foote reported that he has driven straight trucks for 29 years, accumulating 435,000 miles. He holds a Class A MC CDL from New Hampshire. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Jimmy F. Garrett Mr. Garrett, 61, has complete loss of vision in his right eye due to a traumatic incident in 1974. 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, ``Due to his driving record and excellent vision in his left eye I feel Jimmy can operate a commercial vehicle safely.'' Mr. Garrett reported that he has driven straight trucks for 6 years, accumulating 36,000 miles, and tractor- trailer combinations for 26 years, accumulating 2.34 million miles. He holds a Class A CDL from Arkansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Odus P. Gautney III Mr. Gautney, 61, has had glaucoma in his left eye since 1983. The visual acuity in his right eye is 2030, and in his left eye, 20/400. Following an examination in 2014, his ophthalmologist stated, ``The above named patient has had the diagnosis of glaucoma for over 30 years . . . The patient can perform all tasks required to maintain CDL certification.'' Mr. Gautney reported that he has driven tractor- trailer combinations for 18 years, accumulating 1.8 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. Dale R. Goodell Mr. Goodell, 73, has glaucoma in his left eye due to a traumatic incident in 1991. The visual acuity in his right eye is 20/20, and in his left eye, counting fingers. Following an examination in 2014, his optometrist stated, ``Attn: Vision Program U.S. Dept of Transportation . . . Considering the fact this vision defect in the left eye is longstanding I would state Dale has over time adapted to the loss of vision and should continue to be able to operate a motor vehicle safely.'' Mr. Goodell reported that he has driven straight trucks for 56 years, accumulating 5.6 million miles, and tractor-trailer combinations for 42 years, accumulating 1.05 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. Elmer Y. Mendoza Mr. Mendoza, 35, has had histoplasmosis 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 201X, his optometrist stated, ``I believe Mr. Mendoza does have sufficient vision required for CDL.'' Mr. Mendoza reported that he has driven tractor-trailer combinations for nine years, accumulating 954,000 miles. He holds a Class A CDL from Virginia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Andrew M. Miller Mr. Miller, 60, has retinal detachment in his right eye due to a traumatic incident in 1972. The visual acuity in his right eye is light perception, and in his left eye, 20/20. Following an examination in 2014, his optometrist stated, ``He is able to perform the required visual tasks associated with commercial driving skills.'' Mr. Miller reported that he has driven straight trucks for 10 years, accumulating 110,000 miles. He holds an operator's license from Iowa. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Richard N. Moyer, Jr. Mr. Moyer, 47, has had a retinal detachment in his left eye since 1990. The visual acuity in his right eye is 20/20, and in his left eye, 20/200. Following an examination in 2015, his ophthalmologist stated, ``Field is full od and doesn't compromise his ability to function as a commercial driver.'' Mr. Moyer reported that he has driven straight trucks for 29 years, accumulating 870,000 miles, and tractor-trailer combinations for 26 years, accumulating 260,000 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. Heath A. Pillig Mr. Pillig, 43, has had anisometropia with amblyopia in his left eye since childhood. The visual acuity in his right [[Page 14226]] eye is 20/20, and in his left eye, 20/100. Following an examination in 2014, his ophthalmologist stated, ``Given his history and current visual acuity I feel he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Pillig reported that he has driven straight trucks for 7.5 years, accumulating 881,250 miles, and tractor-trailer combinations for 13 years, accumulating 1.53 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. Alonzo K. Rawls Mr. Rawls, 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 2015, his ophthalmologist stated, ``Patient has a corneal scar from an accident OS in 1990. Vision has been poor since then. Patient obtained a commercial license in 2008 and 2010, but needs re-evaluation to see if he qualifies for an exemption for a CDL license. The patient, based upon his examination today, does not meet the requirements for a CDL. However, the patient has had a CDL in the past with no accidnets on record. If appropriate, the patient would desire a road test to prove his ability to safely drive and quality [sic] for an exemption.'' Mr. Rawls reported that he has driven straight trucks for 3 years, accumulating 18,375 miles. He holds a Class A CDL from New Jersey. His driving record for the last 3 years shows one crash, for which he was not cited and to which he did not contribute, and no convictions for moving violations in a CMV. John R. Ropp Mr. Ropp, 72, has had histoplasmosis in his left eye since 1973. 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, ``In my opinion I believe with his record of 30 plus years without an accident or moving violation I don't feel his vision will be a concern in regards to driving a commercial vehicle.'' Mr. Ropp reported that he has driven straight trucks for 34 years, accumulating 68,000 miles, and tractor-trailer combinations for 34 years, accumulating 68,000 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. Timothy J. Slone Mr. Slone, 51, has a prosthetic right eye due to a traumatic incident in childhood. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2014, his optometrist stated, ``Mr. Slone has sufficient vision to operate a commercial vehicle under the following restrictions (a) spectacle RX (b) passenger mirror.'' Mr. Slone reported that he has driven straight trucks for 35 years, accumulating 1.75 million miles. He holds an operator's license from Kentucky. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. David L. Sorensen Mr. Sorensen, 57, has complete loss of vision in his right eye due to a traumatic incident at birth. 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, ``I would also state in my medical opinion Mr. Sorensen is able to safely operate a commercial vehicle. There is a longstanding history of loss of vision in the right eye associated with trauma resulting in loss of vision in the right eye.'' Mr. Sorensen reported that he has driven straight trucks for 20 years, accumulating 40,000 miles, and tractor-trailer combinations for 11 years, accumulating 33,000 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. Nelson J. Stokke Mr. Stokke, 54, has complete loss of vision in his left eye due to a traumatic incident in 2005. The visual acuity in his right eye is 20/ 20, and in his left eye, light perception. Following an examination in 2014, his ophthalmologist stated, ``In summary, this 53 year old commercial truck driver has adequate vision to continue driving a commercial vehicle in my opinion.'' Mr. Stokke reported that he has driven tractor-trailer combinations for 29 years, accumulating 1.37 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. Darwin L. Stuart Mr. Stuart, 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/ 350. Following an examination in 2014, his optometrist stated, ``In my opinion Mr. Stuart has sufficient vision to perform [sic] driving tasks required to operate a commercial vehicle.'' Mr. Stuart reported that he has driven straight trucks for 23 years, accumulating 115,000 miles, and tractor-trailer combinations for 8 years, accumulating 60,000 miles. He holds a Class AM CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Ivan Tlumach Mr. Tlumach, 45, 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 ophthalmologist stated, ``At this time, from a medical standpoint, he has sufficient vision needed to continue to perform the driving tasks required to operate a commercial motor vehicle.'' Mr. Tlumach reported that he has driven straight trucks for 12 years, accumulating 144,000 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. Clarence K. Watkins Mr. Watkins, 74, has/has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/25, and in his left eye, 20/400. Following an examination in 2014, his ophthalmologist stated, ``Pt's [sic] vision is currently as good as it has ever been with 20/25 visual acuity in his right eye and 20/400 vision in his left eye. Pt's [sic] ability to drive commercial truck at this time would be no different than his ability has been over the past 5 decades.'' Mr. Watkins reported that he has driven straight trucks for 55 years, accumulating 550,000 miles, and tractor-trailer combinations for 56 years, accumulating 112,000 miles. He holds a Class A CDL from Tennessee. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Kevin D. Zaloudek Mr. Zaloudek, 43, has a damaged cornea and retina in his right eye due to a traumatic incident in childhood. The visual acuity in his right eye is counting fingers, and in his left eye, 20/15. Following an examination in 2014, his optometrist stated, ``In my opinion Kevin Zaludek's vision is sufficient for him to safely operate a commercial vehicle.'' Mr. Zaloudek reported that he has driven straight trucks for 15 years, accumulating 225,000 miles. He holds an operator's license from Vermont. His driving record for the last 3 years shows [[Page 14227]] 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-2014-0304 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-2014-0304 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 12, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-06179 Filed 3-17-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 14223
trucks and buses have an elevated mounted in the windshield in DEPARTMENT OF TRANSPORTATION
seating position that greatly improves accordance with the provisions of the
the forward visual field of the driver, original exemption. Federal Motor Carrier Safety
and any impairment of available sight Administration
FMCSA continues to believe that the
lines would be minimal; and (3) the potential safety gains from the use of [Docket No. FMCSA–2014–0304]
location within the top or bottom four video event recorders and lane
inches of the area swept by the Qualification of Drivers; Exemption
departure waning systems to improve
windshield wiper and out of the driver’s Applications; Vision
driver behavior and performance will
normal sightline will be reasonable and
improve the overall level of safety to the AGENCY: Federal Motor Carrier Safety
enforceable at roadside. In addition, the
Agency believes that the use of the motoring public. The Agency believes Administration (FMCSA), DOT.
Mobileye CAS by fleets is likely to the same is true regarding the use of the
ACTION: Notice of applications for
improve the overall level of safety to the Mobileye CAS.
exemptions, request for comments.
motoring public. Terms and Conditions for the
This action is consistent with Exemption SUMMARY: FMCSA announces receipt of
previous Agency actions permitting the applications from 28 individuals for
similar placement of video event The Agency hereby grants the exemption from the vision requirement
recorders on CMVs, within the swept exemption for a two-year period, in the Federal Motor Carrier Safety
area of the windshield wipers. FMCSA beginning March 18, 2015 and ending Regulations. They are unable to meet
has granted temporary exemptions to March 20, 2017. During the temporary the vision requirement in one eye for
Greyhound Lines, Inc. and to DriveCam, exemption period, motor carriers using various reasons. The exemptions will
Inc. regarding the use of the video event the Mobileye CAS must ensure that the enable these individuals to operate
recorders to increase safety through (1) sensor is mounted not more than 100 commercial motor vehicles (CMVs) in
identification and remediation of risky mm (4 inches) below the upper edge, or interstate commerce without meeting
driving behaviors such as distracted above the lower edge, of the area swept the prescribed vision requirement in
driving and drowsiness, (2) enhanced by the windshield wipers, and outside one eye. If granted, the exemptions
monitoring of passenger behavior on the driver’s sight lines to the road and would enable these individuals to
CMVs in passenger service, and (3) highway signs and signals. The qualify as drivers of commercial motor
enhanced collision review and analysis. exemption will be valid for two years vehicles (CMVs) in interstate commerce.
Both of these exemptions have been DATES: Comments must be received on
unless rescinded earlier by FMCSA. The
renewed for two additional 2-year or before April 17, 2015. All comments
exemption will be rescinded if: (1)
periods, as FMCSA is not aware of any will be investigated by FMCSA. The
Motor carriers and/or commercial motor
evidence showing that the installation exemptions will be issued the day after
of the devices in the upper area of the vehicles fail to comply with the terms
and conditions of the exemption; (2) the the comment period closes.
windshield has resulted in any
degradation in safety. The Agency has exemption has resulted in a lower level ADDRESSES: You may submit comments
not received any feedback from of safety than was maintained before it bearing the Federal Docket Management
interested parties suggesting that use of was granted; or (3) continuation of the System (FDMS) Docket No. FMCSA–
safety devices/technology in the exemption would not be consistent with 2014–0304 using any of the following
windshield area have had an adverse the goals and objectives of 49 U.S.C. methods:
impact on safety. 31136(e) and 31315(b). • Federal eRulemaking Portal: Go to
This action is also consistent with Interested parties possessing http://www.regulations.gov. Follow the
previous Agency actions permitting the information that would demonstrate on-line instructions for submitting
similar placement of lane departure comments.
that motor carriers using the Mobileye
warning system sensors on CMVs, • Mail: Docket Management Facility;
CAS are not achieving the requisite
within the swept area of the windshield U.S. Department of Transportation, 1200
statutory level of safety should
wipers. FMCSA initially granted New Jersey Avenue SE., West Building
immediately notify FMCSA. The
temporary exemptions to Con-way Ground Floor, Room W12–140,
Agency will evaluate any such
Freight, TK Holdings, Inc., and Iteris, Washington, DC 20590–0001.
information and, if safety is being
Inc. regarding the use of lane departure • Hand Delivery: West Building
compromised or if the continuation of Ground Floor, Room W12–140, 1200
warning systems to increase safety by the exemption is not consistent with 49
alerting drivers who unintentionally New Jersey Avenue SE., Washington,
U.S.C. 31136(e) and 31315(b), will take DC, between 9 a.m. and 5 p.m., Monday
drift out of their lane of travel. The
immediate steps to revoke the through Friday, except Federal
Agency renewed the exemptions for an
exemption. Holidays.
additional 2-year period, and while the
original exemptions granted relief to Preemption • Fax: 1–202–493–2251.
motor carriers using only the Takata and Instructions: Each submission must
Iteris lane departure warning systems, During the period the exemption is in include the Agency name and the
the Agency determined—given that it effect, no State shall enforce any law or docket numbers for this notice. Note
has not been made aware of any regulation that conflicts with or is that all comments received will be
reduction in the level of safety inconsistent with this exemption with posted without change to http://
mstockstill on DSK4VPTVN1PROD with NOTICES
associated with the use of those respect to a person operating under the www.regulations.gov, including any
systems—that it was appropriate to exemption. personal information provided. Please
extend the scope of the exemption to Issued on: March 12, 2015. see the Privacy Act heading below for
encompass motor carriers using any further information.
T.F. Scott Darling, III,
lane departure warning system, Docket: For access to the docket to
provided that such sensors (1) are the Acting Administrator. read background documents or
same size or smaller than the Takata and [FR Doc. 2015–06180 Filed 3–17–15; 8:45 am] comments, go to http://
Iteris (now Bendix) sensors, and (2) BILLING CODE 4910–EX–P www.regulations.gov at any time or
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![14226 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices
eye is 20/20, and in his left eye, 20/100. Timothy J. Slone tasks required to operate a commercial
Following an examination in 2014, his Mr. Slone, 51, has a prosthetic right vehicle.’’ Mr. Stuart reported that he has
ophthalmologist stated, ‘‘Given his eye due to a traumatic incident in driven straight trucks for 23 years,
history and current visual acuity I feel childhood. The visual acuity in his right accumulating 115,000 miles, and
he has sufficient vision to perform the eye is no light perception, and in his left tractor-trailer combinations for 8 years,
driving tasks required to operate a eye, 20/20. Following an examination in accumulating 60,000 miles. He holds a
commercial vehicle.’’ Mr. Pillig reported 2014, his optometrist stated, ‘‘Mr. Slone Class AM CDL from Illinois. His driving
that he has driven straight trucks for 7.5 has sufficient vision to operate a record for the last 3 years shows no
years, accumulating 881,250 miles, and commercial vehicle under the following crashes and no convictions for moving
tractor-trailer combinations for 13 years, restrictions (a) spectacle RX (b) violations in a CMV.
accumulating 1.53 million miles. He passenger mirror.’’ Mr. Slone reported Ivan Tlumach
holds a Class A CDL from Washington. that he has driven straight trucks for 35
His driving record for the last 3 years years, accumulating 1.75 million miles. Mr. Tlumach, 45, has had amblyopia
shows no crashes and no convictions for He holds an operator’s license from in his right eye since childhood. The
moving violations in a CMV. Kentucky. His driving record for the last visual acuity in his right eye is 20/100,
3 years shows no crashes and no and in his left eye, 20/20. Following an
Alonzo K. Rawls convictions for moving violations in a examination in 2014, his
CMV. ophthalmologist stated, ‘‘At this time,
Mr. Rawls, 46, has had amblyopia in from a medical standpoint, he has
his left eye since childhood. The visual David L. Sorensen sufficient vision needed to continue to
acuity in his right eye is 20/20, and in Mr. Sorensen, 57, has complete loss of perform the driving tasks required to
his left eye, 20/400. Following an vision in his right eye due to a traumatic operate a commercial motor vehicle.’’
examination in 2015, his incident at birth. The visual acuity in Mr. Tlumach reported that he has
ophthalmologist stated, ‘‘Patient has a his right eye is counting fingers, and in driven straight trucks for 12 years,
corneal scar from an accident OS in his left eye, 20/20. Following an accumulating 144,000 miles. He holds
1990. Vision has been poor since then. examination in 2014, his optometrist an operator’s license from Pennsylvania.
Patient obtained a commercial license in stated, ‘‘I would also state in my His driving record for the last 3 years
2008 and 2010, but needs re-evaluation medical opinion Mr. Sorensen is able to shows no crashes and no convictions for
to see if he qualifies for an exemption safely operate a commercial vehicle. moving violations in a CMV.
for a CDL license. The patient, based There is a longstanding history of loss
of vision in the right eye associated with Clarence K. Watkins
upon his examination today, does not
meet the requirements for a CDL. trauma resulting in loss of vision in the Mr. Watkins, 74, has/has had
However, the patient has had a CDL in right eye.’’ Mr. Sorensen reported that amblyopia in his left eye since
the past with no accidnets on record. If he has driven straight trucks for 20 childhood. The visual acuity in his right
appropriate, the patient would desire a years, accumulating 40,000 miles, and eye is 20/25, and in his left eye, 20/400.
road test to prove his ability to safely tractor-trailer combinations for 11 years, Following an examination in 2014, his
accumulating 33,000 miles. He holds a ophthalmologist stated, ‘‘Pt’s [sic] vision
drive and quality [sic] for an
Class A CDL from Nebraska. His driving is currently as good as it has ever been
exemption.’’ Mr. Rawls reported that he
record for the last 3 years shows no with 20/25 visual acuity in his right eye
has driven straight trucks for 3 years, crashes and no convictions for moving
accumulating 18,375 miles. He holds a and 20/400 vision in his left eye. Pt’s
violations in a CMV. [sic] ability to drive commercial truck at
Class A CDL from New Jersey. His
driving record for the last 3 years shows Nelson J. Stokke this time would be no different than his
one crash, for which he was not cited Mr. Stokke, 54, has complete loss of ability has been over the past 5
and to which he did not contribute, and vision in his left eye due to a traumatic decades.’’ Mr. Watkins reported that he
no convictions for moving violations in incident in 2005. The visual acuity in has driven straight trucks for 55 years,
a CMV. his right eye is 20/20, and in his left eye, accumulating 550,000 miles, and
light perception. Following an tractor-trailer combinations for 56 years,
John R. Ropp examination in 2014, his accumulating 112,000 miles. He holds a
ophthalmologist stated, ‘‘In summary, Class A CDL from Tennessee. His
Mr. Ropp, 72, has had histoplasmosis driving record for the last 3 years shows
in his left eye since 1973. The visual this 53 year old commercial truck driver
has adequate vision to continue driving no crashes and no convictions for
acuity in his right eye is 20/20, and in moving violations in a CMV.
his left eye, light perception. Following a commercial vehicle in my opinion.’’
Mr. Stokke reported that he has driven Kevin D. Zaloudek
an examination in 2014, his optometrist
tractor-trailer combinations for 29 years,
stated, ‘‘In my opinion I believe with his Mr. Zaloudek, 43, has a damaged
accumulating 1.37 million miles. He
record of 30 plus years without an cornea and retina in his right eye due to
holds a Class A CDL from California.
accident or moving violation I don’t feel His driving record for the last 3 years a traumatic incident in childhood. The
his vision will be a concern in regards shows no crashes and no convictions for visual acuity in his right eye is counting
to driving a commercial vehicle.’’ Mr. moving violations in a CMV. fingers, and in his left eye, 20/15.
Ropp reported that he has driven Following an examination in 2014, his
straight trucks for 34 years, Darwin L. Stuart
mstockstill on DSK4VPTVN1PROD with NOTICES
optometrist stated, ‘‘In my opinion
accumulating 68,000 miles, and tractor- Mr. Stuart, 55, has had amblyopia in Kevin Zaludek’s vision is sufficient for
trailer combinations for 34 years, his left eye since childhood. The visual him to safely operate a commercial
accumulating 68,000 miles. He holds a acuity in his right eye is 20/20, and in vehicle.’’ Mr. Zaloudek reported that he
Class A CDL from Illinois. His driving his left eye, 20/350. Following an has driven straight trucks for 15 years,
record for the last 3 years shows no examination in 2014, his optometrist accumulating 225,000 miles. He holds
crashes and no convictions for moving stated, ‘‘In my opinion Mr. Stuart has an operator’s license from Vermont. His
violations in a CMV. sufficient vision to perform [sic] driving driving record for the last 3 years shows
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![Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 14227
no crashes and no convictions for Issued on: March 12, 2015. 381.315(a)]. The Agency must provide
moving violations in a CMV. Larry W. Minor, the public an opportunity to inspect the
Associate Administrator for Policy. information relevant to the application,
III. Public Participation and Request for
[FR Doc. 2015–06179 Filed 3–17–15; 8:45 am] including any safety analyses that have
Comments
BILLING CODE 4910–EX–P
been conducted. The Agency must also
FMCSA encourages you to participate provide an opportunity for public
by submitting comments and related comment on the request.
materials. DEPARTMENT OF TRANSPORTATION The Agency reviews safety analyses
Submitting Comments and public comments submitted, and
Federal Motor Carrier Safety determines whether granting the
Administration exemption would likely achieve a level
If you submit a comment, please
include the docket number for this [Docket No. FMCSA–2013–0451] of safety equivalent to, or greater than,
notice, indicate the specific section of the level that would be achieved by the
this document to which each comment Hours of Service of Drivers: Oregon current regulation (49 CFR 381.305).
applies, and provide a reason for each Trucking Associations’ Application for The Agency may grant an exemption
suggestion or recommendation. You Exemption subject to specified terms and
may submit your comments and conditions. The decision of the Agency
AGENCY: Federal Motor Carrier Safety
material online or by fax, mail, or hand must be published in the Federal
Administration (FMCSA), DOT.
delivery, but please use only one of Register (49 CFR 381.315(b)) with the
ACTION: Notice of final determination; reasons for denying or granting the
these means. FMCSA recommends that
you include your name and a mailing granting of exemption. application and, if granted, the name of
address, an email address, or a phone SUMMARY: FMCSA announces its the person or class of persons receiving
number in the body of your document decision to grant the application of the the exemption, and the regulatory
so the Agency can contact you if it has Oregon Trucking Associations (OTA) for provision from which the exemption is
questions regarding your submission. a limited exemption from the Agency’s granted. The notice must also specify
To submit your comment online, go to hours-of-service (HOS) regulation the effective period and explain the
http://www.regulations.gov and put the requiring commercial motor vehicle terms and conditions of the exemption.
docket number FMCSA–2014–0304 in (CMV) drivers to take 30-minute rest The exemption may be renewed (49 CFR
the ‘‘Keyword’’ box, and click ‘‘Search.’’ breaks at specified intervals in their 381.300(b)).
When the new screen appears, click on duty day. This exemption is limited to On December 27, 2011, FMCSA
‘‘Comment Now!’’ button and type your CMV drivers engaged in transporting published a final rule establishing
comment into the text box in the timber from Oregon forestlands, and mandatory rest breaks for CMV drivers
following screen. Choose whether you further limited to periods of the year in (76 FR 81133). Effective July 1, 2013,
are submitting your comment as an which the Oregon Department of drivers may not operate a CMV if 8
individual or on behalf of a third party Forestry (ODF) has formally restricted hours or more have elapsed since the
and then submit. If you submit your logging operations to certain hours of end of the driver’s last off-duty or
comments by mail or hand delivery, the day due to an elevated risk of forest sleeper-berth period of at least 30
submit them in an unbound format, no fire. FMCSA believes that the rest breaks minutes [49 CFR 395.3(a)(3)(ii)]. FMCSA
larger than 81⁄2 by 11 inches, suitable for during these periods of restricted did not otherwise specify when drivers
copying and electronic filing. If you operating hours may reduce the volume must take the 30-minute break.
submit comments by mail and would of timber that OTA drivers can deliver, On August 2, 2013, the U.S. Court of
like to know that they reached the affecting the economic viability of the Appeals for the District of Columbia
facility, please enclose a stamped, self- Oregon lumber industry. The Agency Circuit issued a decision on petitions for
addressed postcard or envelope. grants this limited exemption on review of the Agency’s final HOS rule
FMCSA will consider all comments condition that these exempt drivers do of December 27, 2011.1 That rule
and material received during the not drive after the 12th hour of their imposed a requirement for a 30-minute
comment period and may change this duty day. The Agency finds that the rest break for interstate drivers of CMVs.
notice based on your comments. CMV operations of OTA timber The Court upheld the 2011 HOS rule in
transporters under this limited all respects, except that it vacated the
Viewing Comments and Documents exemption would likely achieve a level break provision applicable to ‘‘short-
of safety equivalent to or greater than haul’’ drivers. To qualify as a short-haul
To view comments, as well as
the level of safety that would be driver, CMV drivers must (1) limit their
documents mentioned in this preamble
obtained in the absence of the duty day to a maximum of 12 hours, (2)
as being available in the docket, go to
exemption. remain within a 100 air-mile radius of
http://www.regulations.gov and insert
the docket number FMCSA–2014–0304 DATES: This limited exemption is their point of origin throughout their
in the ‘‘Keyword’’ box and click effective March 18, 2015 subject to the duty day, and (3) return to their work
‘‘Search.’’ Next, click ‘‘Open Docket Terms and Conditions stated herein, reporting locations at the end of the
Folder’’ button and choose the and expires March 20, 2017. duty day in (49 CFR 395.1(e)(1)). The
document listed to review. If you do not SUPPLEMENTARY INFORMATION:
Court also vacated the break provision
applicable to short-haul drivers who do
mstockstill on DSK4VPTVN1PROD with NOTICES
have access to the Internet, you may
view the docket online by visiting the Background not need a commercial driver’s license
Docket Management Facility in Room FMCSA has authority under 49 U.S.C. (CDL) [49 CFR 395.1(e)(2)], but since
W12–140 on the ground floor of the 31136(e) and 31315 to grant exemptions
1 American Trucking Associations, Inc. v. Federal
DOT West Building, 1200 New Jersey from certain parts of the Federal Motor
Motor Carrier Safety Administration, 724 F3d 243
Avenue SE., Washington, DC 20590, Carrier Safety Regulations. FMCSA must (D.C. Cir. Aug. 2, 2013). FMCSA published its
between 9 a.m. and 5 p.m., e.t., Monday publish a notice of each exemption response to the Court’s opinion at 78 FR 64179
through Friday, except Federal holidays. request in the Federal Register [49 CFR (October 28, 2013).
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Document Created: 2018-02-21 09:39:35
Document Modified: 2018-02-21 09:39:35
| 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 17, 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 14223 |
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