80_FR_22851 80 FR 22773 - Qualification of Drivers; Exemption Applications; Vision

80 FR 22773 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 78 (April 23, 2015)

Page Range22773-22777
FR Document2015-09460

FMCSA announces receipt of applications from 35 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 78 (Thursday, April 23, 2015)
[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Notices]
[Pages 22773-22777]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09460]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0305]


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 35 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 May 26, 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-2014-0305 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, 
[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

[[Page 22774]]

``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 35 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

Donald A. Becker, Jr.

    Mr. Becker, 39, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is counting fingers, and in his left 
eye, 20/15. Following an examination in 2014, his ophthalmologist 
stated, ``In your medical opinion, Patient has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle, Yes 
[sic].'' Mr. Becker reported that he has driven straight trucks for 13 
years, accumulating 195,000 miles. He holds a chauffer's license from 
Michigan. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Ronald G. Bradley

    Mr. Bradley, 50, has had a macular scar in his left eye since 2005. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
90. Following an examination in 2014, his optometrist stated, ``I have 
been asked to submit a signed statement certifying that Mr. Bradley has 
sufficient vision to drive a commercial vehicle . . . While his visual 
condition could change, my professional opinion is that since this 
condition has been stable for nearly ten years, I would expect it to 
continue to remain the same.'' Mr. Bradley reported that he has driven 
straight trucks for 32 years, accumulating 73,600 miles, and tractor-
trailer combinations for 32 years, accumulating 320,000 miles. He holds 
a Class A CDL from Indiana. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Rober J. Bruce

    Mr. Bruce, 63, has had optic atrophy in his left eye since 2011. 
The visual acuity in his right eye is 20/25, and in his left eye, 20/
70. Following an examination in 2014, his neurologist stated, ``In my 
opinion, based on these evaluations, Mr. Bruce has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Bruce reported that he has driven straight trucks for 12 years, 
accumulating 120,000 miles. He holds an operator's license from 
Arizona. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Mark A. Carter

    Mr. Carter, 63, has had enucleation in his right eye due to a 
traumatic incident in 1977. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/15. Following an examination 
in 2014, his optometrist stated, ``In my medical opinion I feel mark 
has sufficient vision to operate a commercial vehicle.'' Mr. Carter 
reported that he has driven straight trucks for 40 years, accumulating 
20,000 miles, and tractor-trailer combinations for 43 years, 
accumulating 3.44 million miles. He holds a Class A CDL from Oklahoma. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

William T. Costie

    Mr. Costie, 51, has had optic nerve hypoplasia in his left eye 
since birth. The visual acuity in his right eye is 20/20, and in his 
left eye, 20/80. Following an examination in 2014, his ophthalmologist 
stated, ``Mr. Costie is a 51 year old gentleman who has congenital 
optic nerve hypoplasia in the left eye . . . It is my opinion that this 
gentleman has not had, nor should have in the future, any problem 
driving a commercial vehicle.'' Mr. Costie reported that he has driven 
straight trucks for 10 years, accumulating 36,000 miles, and tractor-
trailer combinations for 5 years, accumulating 500,000 miles. He holds 
a Class A CDL from New York. His driving record for the last 3 years 
shows one crash, to which he did contribute but was not cited, and no 
convictions for moving violations in a CMV.

Donald W. Donaldson

    Mr. Donaldson, 55, has a corneal scar in his right eye due to a 
traumatic incident in 1995. 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, ``Visual field is adequate to operate 
a commercial vehicle and condition has been stable to for years without 
adverse effect on driving ability. Mr. Donaldson has adequate acuity 
and color perception to continue operating a commercial vehicle 
safely.'' Mr. Donaldson reported that he has driven tractor-trailer 
combinations for 30 years, accumulating 2.25 million 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.

Glenn E. Dowell

    Mr. Dowell, 58, has aphakia in his left eye due to a traumatic 
incident in 1990. 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, ``I feel he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Dowell reported that he 
has driven tractor-trailer combinations for 40 years, accumulating two 
million miles. He holds an operator's license from Indiana. 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 10 mph.

James L. Duck

    Mr. Duck, 70, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/200, and in his left eye, 20/
25. Following an examination in 2014, his optometrist stated, ``Mr. 
Duck has had poor vison in his right eye since he was a child. This 
condition is stable, and he has compensated and adapted to this 
condition his entire adult life. As such, he still has sufficient 
visual acuity to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Duck reported that he has driven straight 
trucks for 50 years, accumulating 875,000 miles, tractor-trailer 
combinations for 50 years, accumulating 875,000 miles. He holds an 
operator's license from New Mexico. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Terrence R. Ervin

    Mr. Ervin, 59, has complete loss of vision in his left eye due to a 
traumatic incident in 1992. 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, ``He knows and understands the 
precautions that are necessary for driving; therefore, his vision is 
sufficient to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Ervin reported that he has driven tractor-
trailer combinations for 13 years, accumulating 2.6 million miles. He 
holds a Class A CDL from California. His driving record

[[Page 22775]]

for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Douglas E. Hetrick

    Mr. Hetrick, 57, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
60. Following an examination in 2014, his ophthalmologist stated, ``Mr. 
Hetrick has a history of amblyopia in his left eye since childhood that 
is stable. . .With the following testing noted above, I believe that 
Mr. Hetrick is able to operate a commercial vehicle.'' Mr. Hetrick 
reported that he has driven straight trucks for 40 years, accumulating 
50,000 miles. He holds a Class A CDL from Colorado. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Arthur R. Hughson

    Mr. Hughson, 50, has had a deformed retina in his left eye since 
birth. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/400. Following an examination in 2015, his optometrist stated, 
``His excellent driving record and adaptation to his visual status 
makes him a safe driver for a CDL.'' Mr. Hughson reported that he has 
driven straight trucks for 5 years, accumulating 500,000 miles, and 
tractor-trailer combinations for 3 years, accumulating 180,000 miles. 
He holds a Class A CDL from Pennsylvania. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Marc R. Johnston

    Mr. Johnston, 54, has complete loss of vision in his left eye due 
to a traumatic incident in 1999. 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. Johnston's right eye 
is very healthy. . .He is still able to drive a commercial vehicle.'' 
Mr. Johnston reported that he has driven tractor-trailer combinations 
for 31 years, accumulating 525,512 miles. He holds a Class A CDL from 
Oregon. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Joseph M. Jones

    Mr. Jones, 70, has a retinal scar in his right eye due to a 
traumatic incident during childhood. The visual acuity in his right eye 
is counting fingers, and in his left eye, 20/20. Following an 
examination in 2014, his ophthalmologist stated, ``Mr. Jones has visual 
acuity of count fingers only in the right eye. . .I feel that the 
patient is qualified to obtain a commercial driver's license.'' Mr. 
Jones reported that he has driven tractor-trailer combinations for 20 
years, accumulating 740,000 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.

Larry C. Kautz

    Mr. Kautz, 49, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/70, and in his left eye, 20/25. 
Following an examination in 2014, his optometrist stated, ``In my 
opinion, Larry Kautz has sufficient vision to operate a commercial 
vehicle.'' Mr. Kautz reported that he has driven straight trucks for 12 
years, accumulating 10,800 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.

Theodore J. Kenyon

    Mr. Kenyon, 73, has had refractive amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/40, and in his left 
eye, 20/20. Following an examination in 2015, his optometrist stated, 
``He has a history of refractive amblyopia (lazy eye) in his RE since 
childhood. . . In my medical opinion Mr. Theodore Kenyon is qualified 
to drive a commercial vehicle on public roadways.'' Mr. Kenyon reported 
that he has driven straight trucks for 55 years, accumulating 825,000 
miles, and tractor-trailer combinations for 30 years, accumulating 
300,000 miles. He holds a Class A CDL from Vermont. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Howard H. Key, Jr.

    Mr. Key, 54, has had a central macula scar in his right eye since 
1989. The visual acuity in his right eye is counting fingers, and in 
his left eye, 20/20. Following an examination in 2014, his optometrist 
stated, ``In my opinion Mr. Key has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Key 
reported that he has driven straight trucks for 22 years, accumulating 
440,000 miles. He holds an operator's license from Arkansas. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Bernard Khraich

    Mr. Khraich, 38, has light perception in his right eye due to a 
traumatic incident during childhood. 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, ``Capable of driving a 
commercial vehicle, has sufficient vision.'' Mr. Khraich reported that 
he has driven straight trucks for 10 years, accumulating 50,000 miles, 
tractor-trailer combinations for six years, accumulating 1,200 miles, 
and buses for five years, accumulating 500 miles. He holds an 
operator's license from California. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Bradley R. King

    Mr. King, 58, has complete loss of vision in his right eye due to a 
traumatic incident in 1979. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2014, his ophthalmologist stated, ``Brad has sufficient vision to 
perform the driving tasks that are required to continue to operate a 
commercial vehicle.'' Mr. King reported that he has driven straight 
trucks for 42 years, accumulating 42,000 miles, and tractor-trailer 
combinations for 4 years, accumulating 28,000 miles. He holds a Class A 
CDL from Iowa. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

David C. Leoffler

    Mr. Leoffler, 51, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/200. Following an examination in 2014, his optometrist stated, 
``His Amblyopia was not successfully treated in early childhood, 
resulting in permanent monocular vision impairment. It is my 
professional judgment that Mr. Leoffler can safely and proficiently 
operate a commercial vehicle.'' Mr. Leoffler reported that he has 
driven straight trucks for 20 years, accumulating 600,000 miles, and 
tractor-trailer combinations for 20 years, accumulating 1.8 million 
miles. He holds a Class A CDL from Colorado. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Melvin D. Moffett

    Mr. Moffett, 70, has had a retinal detachment in his left eye since 
1999. The visual acuity in his right eye is 20/40, and in his left eye, 
20/100. Following an examination in 2015, his

[[Page 22776]]

ophthalmologist stated, ``Posterior segment examination performed 
previously revealed evidence of an old, treated retinal detachment 
present in the patient's left eye . . . It appears at this time that 
Mr. Moffett should be able to operate a commercial vehicle 
appropriately.'' Mr. Moffett reported that he has driven straight 
trucks for 40 years, accumulating 80,000 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.

Armando F. Pedroso

    Mr. Pedroso, 34, has corneal scarring in his right eye due to a 
traumatic incident during childhood. The visual acuity in his right eye 
is 20/200, and in his left eye, 20/15. Following an examination in 
2014, his optometrist stated, ``It is my opinion that Mr. Armando 
Pedroso has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Pedroso reported that he has driven 
straight trucks for 8.5 years, accumulating 340,000 miles. He holds a 
Class B CDL from Minnesota. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Quang M. Pham

    Mr. Pham, 29, has had a large choroidal scar over macula in his 
left eye since birth. The visual acuity in his right eye is 20/20, and 
in his left eye, 20/400. Following an examination in 2014, his 
optometrist stated, ``With both eyes open patient has sufficient vision 
to perform driving tasks required to operate a commercial vehicle.'' 
Mr. Pham reported that he has driven tractor-trailer combinations for 2 
years, accumulating 52,000 miles. He holds a Class A CDL from Texas. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

William A. Ramirez Vazquez

    Mr. Ramirez Vazquez, 37, has had chorioretinal scar in his left eye 
since 2001. 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, ``In my medical opinion, William has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Ramirez Vazquez reported that he has driven straight trucks for 15 
years, accumulating 150,000 miles, and tractor-trailer combinations for 
4 years, accumulating 400,000 miles. He holds an operator's license 
from California. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Donald W. Randall

    Mr. Randall, 55, has complete loss of vision in his left eye due to 
a traumatic incident during 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, ``He presented with a 
desire to get a CDL. There is no visual hindrance in the right eye that 
would inhibit his driving.'' Mr. Randall reported that he has driven 
straight trucks for 20 years, accumulating 20,000 miles, and tractor-
trailer combinations for 20 years, accumulating 20,000 miles. He holds 
a Class A CDL from Utah. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Glen E. Robbins

    Mr. Robbins, 71, has had a central macular scar in his right eye 
since 1963. The visual acuity in his right eye is no light perception, 
and in his left eye, 20/20. Following an examination in 2014, his 
ophthalmologist stated, ``Based on the visual field extent demonstrated 
on the formal visual field, I feel he has sufficient vision to perform 
driving tasks in regards to operating a commercial vehicle.'' Mr. 
Robbins reported that he has driven straight trucks for 3.5 years, 
accumulating 223,562 miles, and tractor-trailer combinations for 48 
years, accumulating 4.8 million miles. He holds a Class A CDL from 
Wyoming. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Enrique F. Rodriguez Gonzalez

    Mr. Rodriguez Gonzalez, 45, has had glaucoma in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/50. Following an examination in 2014, his optometrist stated, 
``This patient has sufficient clarity and visual field to operate a 
commercial motor vehicle safely.'' Mr. Rodriguez Gonzalez reported that 
he has driven straight trucks for 10.5 years, accumulating 273,000 
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.

Ronald P. Schoborg

    Mr. Schoborg, 76, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/60, and in his left 
eye, 20/20. Following an examination in 2015, his ophthalmologist 
stated, ``I believe Mr. Schoborg has sufficient vision to perform the 
tasks necessary to drive a commercial vehicle.'' Mr. Schoborg reported 
that he has driven buses for 12 years, accumulating 396,000 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.

Raymond Sherrill

    Mr. Sherrill, 40, has complete loss of vision in his left eye due 
to a traumatic incident in 2013. The visual acuity in his right eye is 
20/20, and in his left eye, no light perception. Following an 
examination in 2015, his optometrist stated, ``My opinion no visual 
problems to prohibit from commercial vehicle operation.'' Mr. Sherrill 
reported that he has driven straight trucks for 21 years, accumulating 
63,000 miles. He holds a Class BM CDL from Pennsylvania. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Roger D. Simpson

    Mr. Simpson, 68, has had ischemic optic neuropathy in his right eye 
since 2009. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/25. Following an examination in 2014, his optometrist 
stated, ``I explained to Mr. Simpson that his visual function appears 
stable and it is my medical opinion that he is able to continue to have 
sufficient vision to drive as a commercial driver adequately.'' Mr. 
Simpson reported that he has driven straight trucks for six months, 
accumulating 500 miles, and tractor-trailer combinations for 20 years, 
accumulating three million miles. He holds an operator's license from 
Arkansas. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Mehrzad Tavanaie

    Mr. Tavanaie, 49, 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/
100. Following an examination in 2014, his optometrist stated, 
``Amblyopic left eye has existed since birth. Patient is competent & 
comfortable in driving professionally for many year. Patient has been 
driving commercially [sic] for 19 yrs [sic] without incident.'' Mr. 
Tavanaie reported that he has driven tractor-trailer combinations for 
19 years, accumulating 100,000 miles. He holds a Class A CDL from 
California. His driving record for the last 3 years shows

[[Page 22777]]

no crashes and no convictions for moving violations in a CMV.

Steven M. Tewhill

    Mr. Tewhill, 49, has had ocular histoplasmosis in his left eye 
since 2007. 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, ``After thorough examination, it is my professional opinion 
that Mr. Tewhill has sufficient vision to perform his driving tasks to 
operate a commercial vehicle.'' Mr. Tewhill reported that he has driven 
straight trucks for 32 years, accumulating 16,000 miles, and tractor-
trailer combinations for 10 years, accumulating 10,200 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.

Brett E. Thomas

    Mr. Thomas, 46, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/50. 
Following an examination in 2014, his optometrist stated, ``His vision 
is great, and he is able to sufficiently able to operate a commercial 
vehicle safely!'' Mr. Thomas reported that he has driven straight 
trucks for 8.5 years, accumulating 85,000 miles, and tractor-trailer 
combinations for 8.5 years, accumulating 170,000 miles. He holds a 
Class A CDL from Texas. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Keith E. Thompson

    Mr. Thompson, 40, has a severed optic nerve in his left eye due to 
a traumatic incident in 1994. 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. Thompson has fully adapted to 
his monocular condition using visual cues to fill in for binocular 
situations (i.e. size, occlusion etc.). In my professional opinion, he 
is capable in handling any commercial truck while driving.'' Mr. 
Thompson reported that he has driven straight trucks for 21 years, 
accumulating 630,000 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.

Jeffrey W. Tucker

    Mr. Tucker, 47, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
100. Following an examination in 2014, his optometrist stated, ``In my 
opinion, Mr. Tucker has sufficient vision to perform all driving tasks 
required to operate a commercial vehicle.'' Mr. Tucker reported that he 
has driven straight trucks for 5 years, accumulating 130,000 miles. He 
holds a chauffeur's license from Indiana. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Thomas W. Workman

    Mr. Workman, 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, ``In my medical opinion, 
Thomas has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Workman reported that he has driven 
straight trucks for 45 years, accumulating 1.8 million miles. He holds 
a Class B CDL from Illinois. 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-2014-0304 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: April 17, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-09460 Filed 4-22-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices                                            22773

                                                  considered physically qualified to drive                with annual recertification required                    • Mail: Docket Management Facility;
                                                  a CMV in interstate commerce except                     unless revoked earlier by FMCSA. The                  U.S. Department of Transportation, 1200
                                                  that they do not meet the hearing                       exemption will be revoked if the                      New Jersey Avenue SE., West Building
                                                  requirement. FMCSA has determined                       following occurs: (1) The person fails to             Ground Floor, Room W12–140,
                                                  that the following applicants should be                 comply with the terms and conditions                  Washington, DC 20590–0001.
                                                  granted an exemption.                                   of the exemption; (2) the exemption has                 • Hand Delivery: West Building
                                                                                                          resulted in a lower level of safety than              Ground Floor, Room W12–140, 1200
                                                  Donald Lynch
                                                                                                          was maintained prior to being granted;                New Jersey Avenue SE., Washington,
                                                     Mr. Lynch, 38, holds a driver’s license              or (3) continuation of the exemption                  DC, between 9 a.m. and 5 p.m., Monday
                                                  from the state of Florida.                              would not be consistent with the goals                through Friday, except Federal
                                                  Zachary Rietz                                           and objectives of 49 U.S.C. 31136 and                 Holidays.
                                                                                                          31315.                                                  • Fax: 1–202–493–2251.
                                                     Mr. Rietz, 32, holds a driver’s license                FMCSA exempts the following 4                          Instructions: Each submission must
                                                  from the state of Texas.                                drivers for a period of 2 years from the              include the Agency name and the
                                                  Bryon Smith                                             physical qualification standard                       docket numbers for this notice. Note
                                                                                                          concerning hearing: Donald Lynch (FL);                that all comments received will be
                                                     Mr. Smith, 28, holds a driver’s license              Zachary Rietz (TX); Byron Smith (LA);                 posted without change to http://
                                                  from the state of Louisiana.                            and Billy J. Warnock (IN).                            www.regulations.gov, including any
                                                  Billy J. Warnock                                          Issued on: April 17, 2015.                          personal information provided. Please
                                                                                                          Larry W. Minor,
                                                                                                                                                                see the Privacy Act heading below for
                                                     Mr. Warnock, 43, holds a driver’s
                                                                                                                                                                further information.
                                                  license from the state of Indiana.                      Associate Administrator for Policy.
                                                                                                                                                                   Docket: For access to the docket to
                                                                                                          [FR Doc. 2015–09453 Filed 4–22–15; 8:45 am]
                                                  E. Basis for Exemption                                                                                        read background documents or
                                                                                                          BILLING CODE 4910–EX–P                                comments, go to http://
                                                    Under 49 U.S.C. 31136(e) and 31315,
                                                  FMCSA may grant an exemption from                                                                             www.regulations.gov at any time or
                                                  the hearing standard in 49 CFR                                                                                Room W12–140 on the ground level of
                                                                                                          DEPARTMENT OF TRANSPORTATION
                                                  391.41(b)(11) if the exemption is likely                                                                      the West Building, 1200 New Jersey
                                                  to achieve an equivalent or greater level               Federal Motor Carrier Safety                          Avenue SE., Washington, DC, between 9
                                                  of safety than would be achieved                        Administration                                        a.m. and 5 p.m., Monday through
                                                  without the exemption. With the                                                                               Friday, except Federal holidays. The
                                                                                                          [Docket No. FMCSA–2014–0305]                          FDMS is available 24 hours each day,
                                                  exemption, applicants can drive in
                                                  interstate commerce. Thus, the Agency’s                                                                       365 days each year. If you want
                                                                                                          Qualification of Drivers; Exemption                   acknowledgment that we received your
                                                  analysis focuses on whether an equal or                 Applications; Vision
                                                  greater level of safety is likely to be                                                                       comments, please include a self-
                                                  achieved by permitting each of these                    AGENCY: Federal Motor Carrier Safety                  addressed, stamped envelope or
                                                  drivers to drive in interstate commerce                 Administration (FMCSA), DOT.                          postcard or print the acknowledgement
                                                  as opposed to restricting him or her to                 ACTION: Notice of applications for                    page that appears after submitting
                                                  driving in intrastate commerce. Based                   exemptions, request for comments.                     comments on-line.
                                                  on its review of each driver’s record, the                                                                       Privacy Act: In accordance with 5
                                                  Agency has concluded that allowing                      SUMMARY:   FMCSA announces receipt of                 U.S.C. 553(c), DOT solicits comments
                                                  these applicants to drive in interstate                 applications from 35 individuals for                  from the public to better inform its
                                                  commerce will achieve an equal level of                 exemption from the vision requirement                 rulemaking process. DOT posts these
                                                  safety. Each driver must comply with                    in the Federal Motor Carrier Safety                   comments, without edit, including any
                                                  the terms and conditions of the                         Regulations. They are unable to meet                  personal information the commenter
                                                  exemption. This includes reporting any                  the vision requirement in one eye for                 provides, to www.regulations.gov, as
                                                  crashes or accidents as defined in 49                   various reasons. The exemptions will                  described in the system of records
                                                  CFR 390.5 and reporting all citations                   enable these individuals to operate                   notice (DOT/ALL–14 FDMS), which can
                                                  and convictions for disqualifying                       commercial motor vehicles (CMVs) in                   be reviewed at www.dot.gov/privacy.
                                                  offenses under 49 CFR part 383 and 40                   interstate commerce without meeting                   FOR FURTHER INFORMATION CONTACT:
                                                  CFR part 391.                                           the prescribed vision requirement in                  Charles A. Horan, III, Director, Carrier,
                                                                                                          one eye. If granted, the exemptions                   Driver and Vehicle Safety Standards,
                                                  Conclusion                                              would enable these individuals to                     (202) 366–4001, fmcsamedical@dot.gov,
                                                     The Agency is granting exemptions                    qualify as drivers of commercial motor                FMCSA, Department of Transportation,
                                                  from the hearing standard, 49 CFR                       vehicles (CMVs) in interstate commerce.               1200 New Jersey Avenue, SE., Room
                                                  391.41(b)(11), to 4 individuals based on                DATES: Comments must be received on                   W64–224, Washington, DC 20590–0001.
                                                  an evaluation of each driver’s safety                   or before May 26, 2015. All comments                  Office hours are from 8:30 a.m. to 5
                                                  experience. Safety analysis of                          will be investigated by FMCSA. The                    p.m., Monday through Friday, except
                                                  information relating to these 4                         exemptions will be issued the day after               Federal holidays. If you have questions
                                                  applicants meets the burden of showing                  the comment period closes.                            regarding viewing or submitting
                                                  that granting the exemptions would                      ADDRESSES: You may submit comments                    material to the docket, contact Docket
                                                                                                                                                                Services, telephone (202) 366–9826.
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                                                  achieve a level of safety that is                       bearing the Federal Docket Management
                                                  equivalent to or greater than the level                 System (FDMS) Docket No. FMCSA–                       SUPPLEMENTARY INFORMATION:
                                                  that would be achieved without the                      2014–0305 using any of the following
                                                  exemption. By granting the exemptions,                  methods:                                              I. Background
                                                  the CMV industry will gain 4 additional                   • Federal eRulemaking Portal: Go to                   Under 49 U.S.C. 31136(e) and 31315,
                                                  CMV drivers. In accordance with 49                      http://www.regulations.gov. Follow the                FMCSA may grant an exemption from
                                                  U.S.C. 31315, each exemption will be                    on-line instructions for submitting                   the Federal Motor Carrier Safety
                                                  valid for 2 years from the effective date               comments.                                             Regulations for a 2-year period if it finds


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                                                  22774                         Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices

                                                  ‘‘such exemption would likely achieve a                 evaluations, Mr. Bruce has sufficient                 Mr. Donaldson reported that he has
                                                  level of safety that is equivalent to or                vision to perform the driving tasks                   driven tractor-trailer combinations for
                                                  greater than the level that would be                    required to operate a commercial                      30 years, accumulating 2.25 million
                                                  achieved absent such exemption.’’                       vehicle.’’ Mr. Bruce reported that he has             miles. He holds a Class A CDL from
                                                  FMCSA can renew exemptions at the                       driven straight trucks for 12 years,                  Georgia. His driving record for the last
                                                  end of each 2-year period. The 35                       accumulating 120,000 miles. He holds                  3 years shows no crashes and no
                                                  individuals listed in this notice have                  an operator’s license from Arizona. His               convictions for moving violations in a
                                                  each requested such an exemption from                   driving record for the last 3 years shows             CMV.
                                                  the vision requirement in 49 CFR                        no crashes and no convictions for
                                                                                                                                                                Glenn E. Dowell
                                                  391.41(b)(10), which applies to drivers                 moving violations in a CMV.
                                                  of CMVs in interstate commerce.                                                                                  Mr. Dowell, 58, has aphakia in his left
                                                                                                          Mark A. Carter                                        eye due to a traumatic incident in 1990.
                                                  Accordingly, the Agency will evaluate
                                                  the qualifications of each applicant to                   Mr. Carter, 63, has had enucleation in              The visual acuity in his right eye is 20/
                                                  determine whether granting an                           his right eye due to a traumatic incident             20, and in his left eye, 20/100.
                                                  exemption will achieve the required                     in 1977. The visual acuity in his right               Following an examination in 2014, his
                                                  level of safety mandated by statute.                    eye is no light perception, and in his left           optometrist stated, ‘‘I feel he has
                                                                                                          eye, 20/15. Following an examination in               sufficient vision to perform the driving
                                                  II. Qualifications of Applicants                        2014, his optometrist stated, ‘‘In my                 tasks required to operate a commercial
                                                  Donald A. Becker, Jr.                                   medical opinion I feel mark has                       vehicle.’’ Mr. Dowell reported that he
                                                                                                          sufficient vision to operate a                        has driven tractor-trailer combinations
                                                     Mr. Becker, 39, has had amblyopia in                 commercial vehicle.’’ Mr. Carter                      for 40 years, accumulating two million
                                                  his right eye since childhood. The                      reported that he has driven straight                  miles. He holds an operator’s license
                                                  visual acuity in his right eye is counting              trucks for 40 years, accumulating 20,000              from Indiana. His driving record for the
                                                  fingers, and in his left eye, 20/15.                    miles, and tractor-trailer combinations               last 3 years shows no crashes and one
                                                  Following an examination in 2014, his                   for 43 years, accumulating 3.44 million               conviction for a moving violation in a
                                                  ophthalmologist stated, ‘‘In your                       miles. He holds a Class A CDL from                    CMV; he exceeded the speed limit by 10
                                                  medical opinion, Patient has sufficient                 Oklahoma. His driving record for the                  mph.
                                                  vision to perform the driving tasks                     last 3 years shows no crashes and no
                                                  required to operate a commercial                                                                              James L. Duck
                                                                                                          convictions for moving violations in a
                                                  vehicle, Yes [sic].’’ Mr. Becker reported               CMV.                                                     Mr. Duck, 70, has had amblyopia in
                                                  that he has driven straight trucks for 13                                                                     his right eye since childhood. The
                                                  years, accumulating 195,000 miles. He                   William T. Costie                                     visual acuity in his right eye is 20/200,
                                                  holds a chauffer’s license from                            Mr. Costie, 51, has had optic nerve                and in his left eye, 20/25. Following an
                                                  Michigan. His driving record for the last               hypoplasia in his left eye since birth.               examination in 2014, his optometrist
                                                  3 years shows no crashes and no                         The visual acuity in his right eye is 20/             stated, ‘‘Mr. Duck has had poor vison in
                                                  convictions for moving violations in a                  20, and in his left eye, 20/80. Following             his right eye since he was a child. This
                                                  CMV.                                                    an examination in 2014, his                           condition is stable, and he has
                                                                                                          ophthalmologist stated, ‘‘Mr. Costie is a             compensated and adapted to this
                                                  Ronald G. Bradley
                                                                                                          51 year old gentleman who has                         condition his entire adult life. As such,
                                                     Mr. Bradley, 50, has had a macular                   congenital optic nerve hypoplasia in the              he still has sufficient visual acuity to
                                                  scar in his left eye since 2005. The                    left eye . . . It is my opinion that this             perform the driving tasks required to
                                                  visual acuity in his right eye is 20/20,                gentleman has not had, nor should have                operate a commercial vehicle.’’ Mr.
                                                  and in his left eye, 20/90. Following an                in the future, any problem driving a                  Duck reported that he has driven
                                                  examination in 2014, his optometrist                    commercial vehicle.’’ Mr. Costie                      straight trucks for 50 years,
                                                  stated, ‘‘I have been asked to submit a                 reported that he has driven straight                  accumulating 875,000 miles, tractor-
                                                  signed statement certifying that Mr.                    trucks for 10 years, accumulating 36,000              trailer combinations for 50 years,
                                                  Bradley has sufficient vision to drive a                miles, and tractor-trailer combinations               accumulating 875,000 miles. He holds
                                                  commercial vehicle . . . While his                      for 5 years, accumulating 500,000 miles.              an operator’s license from New Mexico.
                                                  visual condition could change, my                       He holds a Class A CDL from New York.                 His driving record for the last 3 years
                                                  professional opinion is that since this                 His driving record for the last 3 years               shows no crashes and no convictions for
                                                  condition has been stable for nearly ten                shows one crash, to which he did                      moving violations in a CMV.
                                                  years, I would expect it to continue to                 contribute but was not cited, and no
                                                  remain the same.’’ Mr. Bradley reported                                                                       Terrence R. Ervin
                                                                                                          convictions for moving violations in a
                                                  that he has driven straight trucks for 32               CMV.                                                    Mr. Ervin, 59, has complete loss of
                                                  years, accumulating 73,600 miles, and                                                                         vision in his left eye due to a traumatic
                                                  tractor-trailer combinations for 32 years,              Donald W. Donaldson                                   incident in 1992. The visual acuity in
                                                  accumulating 320,000 miles. He holds a                    Mr. Donaldson, 55, has a corneal scar               his right eye is 20/20, and in his left eye,
                                                  Class A CDL from Indiana. His driving                   in his right eye due to a traumatic                   no light perception. Following an
                                                  record for the last 3 years shows no                    incident in 1995. The visual acuity in                examination in 2014, his
                                                  crashes and no convictions for moving                   his right eye is no light perception, and             ophthalmologist stated, ‘‘He knows and
                                                  violations in a CMV.                                    in his left eye, 20/20. Following an                  understands the precautions that are
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                                                                                                          examination in 2014, his optometrist                  necessary for driving; therefore, his
                                                  Rober J. Bruce                                          stated, ‘‘Visual field is adequate to                 vision is sufficient to perform the
                                                    Mr. Bruce, 63, has had optic atrophy                  operate a commercial vehicle and                      driving tasks required to operate a
                                                  in his left eye since 2011. The visual                  condition has been stable to for years                commercial vehicle.’’ Mr. Ervin reported
                                                  acuity in his right eye is 20/25, and in                without adverse effect on driving                     that he has driven tractor-trailer
                                                  his left eye, 20/70. Following an                       ability. Mr. Donaldson has adequate                   combinations for 13 years, accumulating
                                                  examination in 2014, his neurologist                    acuity and color perception to continue               2.6 million miles. He holds a Class A
                                                  stated, ‘‘In my opinion, based on these                 operating a commercial vehicle safely.’’              CDL from California. His driving record


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                                                                                Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices                                            22775

                                                  for the last 3 years shows no crashes and               visual acuity of count fingers only in the            Bernard Khraich
                                                  no convictions for moving violations in                 right eye. . .I feel that the patient is                 Mr. Khraich, 38, has light perception
                                                  a CMV.                                                  qualified to obtain a commercial driver’s             in his right eye due to a traumatic
                                                                                                          license.’’ Mr. Jones reported that he has             incident during childhood. The visual
                                                  Douglas E. Hetrick
                                                                                                          driven tractor-trailer combinations for               acuity in his right eye is light
                                                     Mr. Hetrick, 57, has had amblyopia in                20 years, accumulating 740,000 miles.                 perception, and in his left eye, 20/20.
                                                  his left eye since childhood. The visual                He holds a Class A CDL from Idaho. His                Following an examination in 2014, his
                                                  acuity in his right eye is 20/20, and in                driving record for the last 3 years shows             optometrist stated, ‘‘Capable of driving
                                                  his left eye, 20/60. Following an                       no crashes and no convictions for                     a commercial vehicle, has sufficient
                                                  examination in 2014, his                                moving violations in a CMV.                           vision.’’ Mr. Khraich reported that he
                                                  ophthalmologist stated, ‘‘Mr. Hetrick                                                                         has driven straight trucks for 10 years,
                                                  has a history of amblyopia in his left eye              Larry C. Kautz
                                                                                                                                                                accumulating 50,000 miles, tractor-
                                                  since childhood that is stable. . .With                                                                       trailer combinations for six years,
                                                  the following testing noted above, I                      Mr. Kautz, 49, has had amblyopia in
                                                                                                          his right eye since birth. The visual                 accumulating 1,200 miles, and buses for
                                                  believe that Mr. Hetrick is able to                                                                           five years, accumulating 500 miles. He
                                                  operate a commercial vehicle.’’ Mr.                     acuity in his right eye is 20/70, and in
                                                                                                          his left eye, 20/25. Following an                     holds an operator’s license from
                                                  Hetrick reported that he has driven                                                                           California. His driving record for the last
                                                  straight trucks for 40 years,                           examination in 2014, his optometrist
                                                                                                          stated, ‘‘In my opinion, Larry Kautz has              3 years shows no crashes and no
                                                  accumulating 50,000 miles. He holds a                                                                         convictions for moving violations in a
                                                  Class A CDL from Colorado. His driving                  sufficient vision to operate a
                                                                                                          commercial vehicle.’’ Mr. Kautz                       CMV.
                                                  record for the last 3 years shows no
                                                  crashes and no convictions for moving                   reported that he has driven straight                  Bradley R. King
                                                  violations in a CMV.                                    trucks for 12 years, accumulating 10,800
                                                                                                                                                                  Mr. King, 58, has complete loss of
                                                                                                          miles. He holds a Class A CDL from                    vision in his right eye due to a traumatic
                                                  Arthur R. Hughson                                       Pennsylvania. His driving record for the              incident in 1979. The visual acuity in
                                                     Mr. Hughson, 50, has had a deformed                  last 3 years shows no crashes and no                  his right eye is no light perception, and
                                                  retina in his left eye since birth. The                 convictions for moving violations in a                in his left eye, 20/20. Following an
                                                  visual acuity in his right eye is 20/20,                CMV.                                                  examination in 2014, his
                                                  and in his left eye, 20/400. Following an                                                                     ophthalmologist stated, ‘‘Brad has
                                                                                                          Theodore J. Kenyon
                                                  examination in 2015, his optometrist                                                                          sufficient vision to perform the driving
                                                  stated, ‘‘His excellent driving record and                Mr. Kenyon, 73, has had refractive                  tasks that are required to continue to
                                                  adaptation to his visual status makes                   amblyopia in his right eye since                      operate a commercial vehicle.’’ Mr. King
                                                  him a safe driver for a CDL.’’ Mr.                      childhood. The visual acuity in his right             reported that he has driven straight
                                                  Hughson reported that he has driven                     eye is 20/40, and in his left eye, 20/20.             trucks for 42 years, accumulating 42,000
                                                  straight trucks for 5 years, accumulating               Following an examination in 2015, his                 miles, and tractor-trailer combinations
                                                  500,000 miles, and tractor-trailer                      optometrist stated, ‘‘He has a history of             for 4 years, accumulating 28,000 miles.
                                                  combinations for 3 years, accumulating                  refractive amblyopia (lazy eye) in his RE             He holds a Class A CDL from Iowa. His
                                                  180,000 miles. He holds a Class A CDL                   since childhood. . . In my medical                    driving record for the last 3 years shows
                                                  from Pennsylvania. His driving record                   opinion Mr. Theodore Kenyon is                        no crashes and no convictions for
                                                  for the last 3 years shows no crashes and               qualified to drive a commercial vehicle               moving violations in a CMV.
                                                  no convictions for moving violations in                 on public roadways.’’ Mr. Kenyon
                                                  a CMV.                                                                                                        David C. Leoffler
                                                                                                          reported that he has driven straight
                                                                                                          trucks for 55 years, accumulating                        Mr. Leoffler, 51, has had amblyopia in
                                                  Marc R. Johnston
                                                                                                          825,000 miles, and tractor-trailer                    his left eye since childhood. The visual
                                                     Mr. Johnston, 54, has complete loss of                                                                     acuity in his right eye is 20/20, and in
                                                                                                          combinations for 30 years, accumulating
                                                  vision in his left eye due to a traumatic                                                                     his left eye, 20/200. Following an
                                                                                                          300,000 miles. He holds a Class A CDL
                                                  incident in 1999. The visual acuity in                                                                        examination in 2014, his optometrist
                                                                                                          from Vermont. His driving record for the
                                                  his right eye is 20/20, and in his left eye,                                                                  stated, ‘‘His Amblyopia was not
                                                                                                          last 3 years shows no crashes and no
                                                  no light perception. Following an                                                                             successfully treated in early childhood,
                                                                                                          convictions for moving violations in a
                                                  examination in 2014, his optometrist                                                                          resulting in permanent monocular
                                                                                                          CMV.
                                                  stated, ‘‘Mr. Johnston’s right eye is very                                                                    vision impairment. It is my professional
                                                  healthy. . .He is still able to drive a                 Howard H. Key, Jr.                                    judgment that Mr. Leoffler can safely
                                                  commercial vehicle.’’ Mr. Johnston                                                                            and proficiently operate a commercial
                                                  reported that he has driven tractor-                       Mr. Key, 54, has had a central macula              vehicle.’’ Mr. Leoffler reported that he
                                                  trailer combinations for 31 years,                      scar in his right eye since 1989. The                 has driven straight trucks for 20 years,
                                                  accumulating 525,512 miles. He holds a                  visual acuity in his right eye is counting            accumulating 600,000 miles, and
                                                  Class A CDL from Oregon. His driving                    fingers, and in his left eye, 20/20.                  tractor-trailer combinations for 20 years,
                                                  record for the last 3 years shows no                    Following an examination in 2014, his                 accumulating 1.8 million miles. He
                                                  crashes and no convictions for moving                   optometrist stated, ‘‘In my opinion Mr.               holds a Class A CDL from Colorado. His
                                                  violations in a CMV.                                    Key has sufficient vision to perform the              driving record for the last 3 years shows
                                                                                                          driving tasks required to operate a                   no crashes and no convictions for
                                                  Joseph M. Jones
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                                                                                                          commercial vehicle.’’ Mr. Key reported                moving violations in a CMV.
                                                     Mr. Jones, 70, has a retinal scar in his             that he has driven straight trucks for 22
                                                  right eye due to a traumatic incident                   years, accumulating 440,000 miles. He                 Melvin D. Moffett
                                                  during childhood. The visual acuity in                  holds an operator’s license from                        Mr. Moffett, 70, has had a retinal
                                                  his right eye is counting fingers, and in               Arkansas. His driving record for the last             detachment in his left eye since 1999.
                                                  his left eye, 20/20. Following an                       3 years shows no crashes and no                       The visual acuity in his right eye is 20/
                                                  examination in 2014, his                                convictions for moving violations in a                40, and in his left eye, 20/100.
                                                  ophthalmologist stated, ‘‘Mr. Jones has                 CMV.                                                  Following an examination in 2015, his


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                                                  22776                         Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices

                                                  ophthalmologist stated, ‘‘Posterior                     His driving record for the last 3 years               examination in 2015, his
                                                  segment examination performed                           shows no crashes and no convictions for               ophthalmologist stated, ‘‘I believe Mr.
                                                  previously revealed evidence of an old,                 moving violations in a CMV.                           Schoborg has sufficient vision to
                                                  treated retinal detachment present in                                                                         perform the tasks necessary to drive a
                                                                                                          Donald W. Randall
                                                  the patient’s left eye . . . It appears at                                                                    commercial vehicle.’’ Mr. Schoborg
                                                  this time that Mr. Moffett should be able                 Mr. Randall, 55, has complete loss of               reported that he has driven buses for 12
                                                  to operate a commercial vehicle                         vision in his left eye due to a traumatic             years, accumulating 396,000 miles. He
                                                  appropriately.’’ Mr. Moffett reported                   incident during childhood. The visual                 holds a Class A CDL from Arkansas. His
                                                  that he has driven straight trucks for 40               acuity in his right eye is 20/20, and in              driving record for the last 3 years shows
                                                  years, accumulating 80,000 miles. He                    his left eye, no light perception.                    no crashes and no convictions for
                                                  holds an operator’s license from                        Following an examination in 2014, his                 moving violations in a CMV.
                                                  Kentucky. His driving record for the last               optometrist stated, ‘‘He presented with
                                                                                                          a desire to get a CDL. There is no visual             Raymond Sherrill
                                                  3 years shows no crashes and no
                                                  convictions for moving violations in a                  hindrance in the right eye that would                   Mr. Sherrill, 40, has complete loss of
                                                  CMV.                                                    inhibit his driving.’’ Mr. Randall                    vision in his left eye due to a traumatic
                                                                                                          reported that he has driven straight                  incident in 2013. The visual acuity in
                                                  Armando F. Pedroso                                                                                            his right eye is 20/20, and in his left eye,
                                                                                                          trucks for 20 years, accumulating 20,000
                                                     Mr. Pedroso, 34, has corneal scarring                miles, and tractor-trailer combinations               no light perception. Following an
                                                  in his right eye due to a traumatic                     for 20 years, accumulating 20,000 miles.              examination in 2015, his optometrist
                                                  incident during childhood. The visual                   He holds a Class A CDL from Utah. His                 stated, ‘‘My opinion no visual problems
                                                  acuity in his right eye is 20/200, and in               driving record for the last 3 years shows             to prohibit from commercial vehicle
                                                  his left eye, 20/15. Following an                       no crashes and no convictions for                     operation.’’ Mr. Sherrill reported that he
                                                  examination in 2014, his optometrist                    moving violations in a CMV.                           has driven straight trucks for 21 years,
                                                  stated, ‘‘It is my opinion that Mr.                                                                           accumulating 63,000 miles. He holds a
                                                  Armando Pedroso has sufficient vision                   Glen E. Robbins                                       Class BM CDL from Pennsylvania. His
                                                  to perform the driving tasks required to                   Mr. Robbins, 71, has had a central                 driving record for the last 3 years shows
                                                  operate a commercial vehicle.’’ Mr.                     macular scar in his right eye since 1963.             no crashes and no convictions for
                                                  Pedroso reported that he has driven                     The visual acuity in his right eye is no              moving violations in a CMV.
                                                  straight trucks for 8.5 years,                          light perception, and in his left eye, 20/
                                                                                                                                                                Roger D. Simpson
                                                  accumulating 340,000 miles. He holds a                  20. Following an examination in 2014,
                                                  Class B CDL from Minnesota. His                         his ophthalmologist stated, ‘‘Based on                   Mr. Simpson, 68, has had ischemic
                                                  driving record for the last 3 years shows               the visual field extent demonstrated on               optic neuropathy in his right eye since
                                                  no crashes and no convictions for                       the formal visual field, I feel he has                2009. The visual acuity in his right eye
                                                  moving violations in a CMV.                             sufficient vision to perform driving                  is 20/200, and in his left eye, 20/25.
                                                                                                          tasks in regards to operating a                       Following an examination in 2014, his
                                                  Quang M. Pham                                                                                                 optometrist stated, ‘‘I explained to Mr.
                                                                                                          commercial vehicle.’’ Mr. Robbins
                                                     Mr. Pham, 29, has had a large                        reported that he has driven straight                  Simpson that his visual function
                                                  choroidal scar over macula in his left                  trucks for 3.5 years, accumulating                    appears stable and it is my medical
                                                  eye since birth. The visual acuity in his               223,562 miles, and tractor-trailer                    opinion that he is able to continue to
                                                  right eye is 20/20, and in his left eye,                combinations for 48 years, accumulating               have sufficient vision to drive as a
                                                  20/400. Following an examination in                     4.8 million miles. He holds a Class A                 commercial driver adequately.’’ Mr.
                                                  2014, his optometrist stated, ‘‘With both               CDL from Wyoming. His driving record                  Simpson reported that he has driven
                                                  eyes open patient has sufficient vision                 for the last 3 years shows no crashes and             straight trucks for six months,
                                                  to perform driving tasks required to                    no convictions for moving violations in               accumulating 500 miles, and tractor-
                                                  operate a commercial vehicle.’’ Mr.                     a CMV.                                                trailer combinations for 20 years,
                                                  Pham reported that he has driven                                                                              accumulating three million miles. He
                                                  tractor-trailer combinations for 2 years,               Enrique F. Rodriguez Gonzalez                         holds an operator’s license from
                                                  accumulating 52,000 miles. He holds a                      Mr. Rodriguez Gonzalez, 45, has had                Arkansas. His driving record for the last
                                                  Class A CDL from Texas. His driving                     glaucoma in his left eye since                        3 years shows no crashes and no
                                                  record for the last 3 years shows no                    childhood. The visual acuity in his right             convictions for moving violations in a
                                                  crashes and no convictions for moving                   eye is 20/20, and in his left eye, 20/50.             CMV.
                                                  violations in a CMV.                                    Following an examination in 2014, his
                                                                                                                                                                Mehrzad Tavanaie
                                                                                                          optometrist stated, ‘‘This patient has
                                                  William A. Ramirez Vazquez                                                                                       Mr. Tavanaie, 49, has had amblyopia
                                                                                                          sufficient clarity and visual field to
                                                     Mr. Ramirez Vazquez, 37, has had                     operate a commercial motor vehicle                    in his left eye since birth. The visual
                                                  chorioretinal scar in his left eye since                safely.’’ Mr. Rodriguez Gonzalez                      acuity in his right eye is 20/20, and in
                                                  2001. The visual acuity in his right eye                reported that he has driven straight                  his left eye, 20/100. Following an
                                                  is 20/20, and in his left eye, 20/400.                  trucks for 10.5 years, accumulating                   examination in 2014, his optometrist
                                                  Following an examination in 2014, his                   273,000 miles. He holds an operator’s                 stated, ‘‘Amblyopic left eye has existed
                                                  optometrist stated, ‘‘In my medical                     license from North Carolina. His driving              since birth. Patient is competent &
                                                  opinion, William has sufficient vision to               record for the last 3 years shows no                  comfortable in driving professionally for
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                                                  perform the driving tasks required to                   crashes and no convictions for moving                 many year. Patient has been driving
                                                  operate a commercial vehicle.’’ Mr.                     violations in a CMV.                                  commercially [sic] for 19 yrs [sic]
                                                  Ramirez Vazquez reported that he has                                                                          without incident.’’ Mr. Tavanaie
                                                  driven straight trucks for 15 years,                    Ronald P. Schoborg                                    reported that he has driven tractor-
                                                  accumulating 150,000 miles, and                           Mr. Schoborg, 76, has had amblyopia                 trailer combinations for 19 years,
                                                  tractor-trailer combinations for 4 years,               in his right eye since childhood. The                 accumulating 100,000 miles. He holds a
                                                  accumulating 400,000 miles. He holds                    visual acuity in his right eye is 20/60,              Class A CDL from California. His
                                                  an operator’s license from California.                  and in his left eye, 20/20. Following an              driving record for the last 3 years shows


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                                                                                Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices                                                 22777

                                                  no crashes and no convictions for                       examination in 2014, his optometrist                  like to know that they reached the
                                                  moving violations in a CMV.                             stated, ‘‘In my opinion, Mr. Tucker has               facility, please enclose a stamped, self-
                                                                                                          sufficient vision to perform all driving              addressed postcard or envelope.
                                                  Steven M. Tewhill
                                                                                                          tasks required to operate a commercial                   FMCSA will consider all comments
                                                     Mr. Tewhill, 49, has had ocular                      vehicle.’’ Mr. Tucker reported that he                and material received during the
                                                  histoplasmosis in his left eye since                    has driven straight trucks for 5 years,               comment period and may change this
                                                  2007. The visual acuity in his right eye                accumulating 130,000 miles. He holds a                notice based on your comments.
                                                  is 20/20, and in his left eye, 20/150.                  chauffeur’s license from Indiana. His
                                                  Following an examination in 2014, his                   driving record for the last 3 years shows             Viewing Comments and Documents
                                                  optometrist stated, ‘‘After thorough                    no crashes and no convictions for                        To view comments, as well as
                                                  examination, it is my professional                      moving violations in a CMV.                           documents mentioned in this preamble
                                                  opinion that Mr. Tewhill has sufficient                                                                       as being available in the docket, go to
                                                  vision to perform his driving tasks to                  Thomas W. Workman
                                                                                                                                                                http://www.regulations.gov and insert
                                                  operate a commercial vehicle.’’ Mr.                        Mr. Workman, 63, has complete loss                 the docket number FMCSA–2014–0304
                                                  Tewhill reported that he has driven                     of vision in his left eye due to a                    in the ‘‘Keyword’’ box and click
                                                  straight trucks for 32 years,                           traumatic incident in childhood. The                  ‘‘Search.’’ Next, click ‘‘Open Docket
                                                  accumulating 16,000 miles, and tractor-                 visual acuity in his right eye is 20/20,              Folder’’ button and choose the
                                                  trailer combinations for 10 years,                      and in his left eye, no light perception.             document listed to review. If you do not
                                                  accumulating 10,200 miles. He holds a                   Following an examination in 2014, his                 have access to the Internet, you may
                                                  Class A CDL from Arkansas. His driving                  optometrist stated, ‘‘In my medical                   view the docket online by visiting the
                                                  record for the last 3 years shows no                    opinion, Thomas has sufficient vision to              Docket Management Facility in Room
                                                  crashes and no convictions for moving                   perform the driving tasks required to                 W12–140 on the ground floor of the
                                                  violations in a CMV.                                    operate a commercial vehicle.’’ Mr.                   DOT West Building, 1200 New Jersey
                                                                                                          Workman reported that he has driven                   Avenue SE., Washington, DC 20590,
                                                  Brett E. Thomas                                         straight trucks for 45 years,                         between 9 a.m. and 5 p.m., e.t., Monday
                                                     Mr. Thomas, 46, has had amblyopia in                 accumulating 1.8 million miles. He                    through Friday, except Federal holidays.
                                                  his left eye since birth. The visual acuity             holds a Class B CDL from Illinois. His
                                                                                                                                                                  Issued On: April 17, 2015.
                                                  in his right eye is 20/20, and in his left              driving record for the last 3 years shows
                                                  eye, 20/50. Following an examination in                                                                       Larry W. Minor,
                                                                                                          no crashes and no convictions for
                                                  2014, his optometrist stated, ‘‘His vision              moving violations in a CMV.                           Associate Administrator for Policy.
                                                  is great, and he is able to sufficiently                                                                      [FR Doc. 2015–09460 Filed 4–22–15; 8:45 am]
                                                  able to operate a commercial vehicle                    III. Public Participation and Request for             BILLING CODE 4910–EX–P
                                                  safely!’’ Mr. Thomas reported that he                   Comments
                                                  has driven straight trucks for 8.5 years,                  FMCSA encourages you to participate
                                                  accumulating 85,000 miles, and tractor-                 by submitting comments and related                    DEPARTMENT OF TRANSPORTATION
                                                  trailer combinations for 8.5 years,                     materials.
                                                  accumulating 170,000 miles. He holds a                                                                        Federal Railroad Administration
                                                                                                          Submitting Comments
                                                  Class A CDL from Texas. His driving                                                                           [Docket Number FRA–2015–0022]
                                                  record for the last 3 years shows no                       If you submit a comment, please
                                                  crashes and no convictions for moving                   include the docket number for this                    Petition for Waiver of Compliance
                                                  violations in a CMV.                                    notice, indicate the specific section of
                                                                                                          this document to which each comment                      In accordance with Part 211 of Title
                                                  Keith E. Thompson                                       applies, and provide a reason for each                49 Code of Federal Regulations (CFR),
                                                     Mr. Thompson, 40, has a severed                      suggestion or recommendation. You                     this document provides the public
                                                  optic nerve in his left eye due to a                    may submit your comments and                          notice that by a document dated March
                                                  traumatic incident in 1994. The visual                  material online or by fax, mail, or hand              2, 2015, the City of Fort Collins (City),
                                                  acuity in his right eye is 20/20, and in                delivery, but please use only one of                  Colorado, has petitioned the Federal
                                                  his left eye, no light perception.                      these means. FMCSA recommends that                    Railroad Administration (FRA) for a
                                                  Following an examination in 2014, his                   you include your name and a mailing                   waiver of compliance from certain
                                                  optometrist stated, ‘‘Mr. Thompson has                  address, an email address, or a phone                 provisions of the Federal railroad safety
                                                  fully adapted to his monocular                          number in the body of your document                   regulations contained at 49 CFR part
                                                  condition using visual cues to fill in for              so the Agency can contact you if it has               222, Use of Locomotive Horns at Public
                                                  binocular situations (i.e. size, occlusion              questions regarding your submission.                  Highway-Rail Grade Crossings. FRA
                                                  etc.). In my professional opinion, he is                   To submit your comment online, go to               assigned the petition Docket Number
                                                  capable in handling any commercial                      http://www.regulations.gov and put the                FRA–2015–0022.
                                                  truck while driving.’’ Mr. Thompson                     docket number FMCSA–2014–0304 in                         The City intends to establish a quiet
                                                  reported that he has driven straight                    the ‘‘Keyword’’ box, and click ‘‘Search.              zone that is 1.6 miles in length,
                                                  trucks for 21 years, accumulating                       When the new screen appears, click on                 consisting of 12 public highway-rail
                                                  630,000 miles. He holds a Class A CDL                   ‘‘Comment Now!’’ button and type your                 grade crossings on the BNSF Railway in
                                                  from Missouri. His driving record for                   comment into the text box in the                      the downtown area. The City is seeking
                                                  the last 3 years shows no crashes and no                following screen. Choose whether you                  a waiver from the requirements of 49
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                                                  convictions for moving violations in a                  are submitting your comment as an                     CFR 222.35(b) in order to permit the use
                                                  CMV.                                                    individual or on behalf of a third party              of automatic warning devices consisting
                                                                                                          and then submit. If you submit your                   of flashing lights at seven of the public
                                                  Jeffrey W. Tucker                                       comments by mail or hand delivery,                    highway-rail grade crossings instead of
                                                     Mr. Tucker, 47, has had amblyopia in                 submit them in an unbound format, no                  the required automatic warning devices
                                                  his left eye since childhood. The visual                larger than 81⁄2 by 11 inches, suitable for           consisting of flashing lights and gates.
                                                  acuity in his right eye is 20/20, and in                copying and electronic filing. If you                    A copy of the petition, as well as any
                                                  his left eye, 20/100. Following an                      submit comments by mail and would                     written communications concerning the


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Document Created: 2015-12-16 08:41:50
Document Modified: 2015-12-16 08:41:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemptions, request for comments.
DatesComments must be received on or before May 26, 2015. All comments will be investigated by FMCSA. The exemptions will be issued the day after the comment period closes.
ContactCharles 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 Citation80 FR 22773 

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