80 FR 31636 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 106 (June 3, 2015)

Page Range		31636-31640
FR Document		2015-13486

FMCSA announces receipt of applications from 23 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce.

Federal Register, Volume 80 Issue 106 (Wednesday, June 3, 2015)

[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Notices]
[Pages 31636-31640]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-13486]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0049]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions, request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 23 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. They are unable to meet the vision requirement in
one eye for various reasons. The exemptions will enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.
If granted, the exemptions would enable these individuals to qualify as
drivers of commercial motor vehicles (CMVs) in interstate commerce.

DATES: Comments must be received on or before July 6, 2015. All
comments will be investigated by FMCSA. The exemptions will be issued
the day after the comment period closes.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2015-0049 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.

[[Page 31637]]

Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards, (202) 366-4001,
fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except
Federal holidays. If you have questions regarding viewing or submitting
material to the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

I. Background

Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' FMCSA can renew exemptions at the end of each
2-year period. The 23 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.

II. Qualifications of Applicants

Michael J. Altobelli

Mr. Altobelli, 39, 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 2014, his optometrist stated,
``Based on the results of his eye examination, Mr. Altobelli has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle safely.'' Mr. Altobelli reported that he has driven
straight trucks for 21 years, accumulating 420,000 miles. He holds a
Class B CDL from Connecticut. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Johnny A. Bingham

Mr. Bingham, 46, has had amblyopia strabismus in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/200. Following an examination in 2015, his optometrist stated,
``Field of vision in each eye tests 120 degrees in the horizontal
meridians, and has sufficient vision to perform the driving tasks he is
required to operate a commercial vehicle.'' Mr. Bingham reported that
he has driven straight trucks for 8 years, accumulating 4,000 miles,
and tractor-trailer combinations for 4 years, accumulating 4,000 miles.
He holds a Class A CDL from North Carolina. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Robert A. Buckley

Mr. Buckley, 62, has a retinal detachment in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
no light perception, and in his left eye, 20/20. Following an
examination in 2015, his optometrist stated, ``Mr. Buckley has
maintained a commercial license for over forty years with no driving
incidents. In my opinion, there I [sic] no reason to believe his
driving skills are diminished due to his long standing monovision.''
Mr. Buckley reported that he has driven straight trucks for 45 years,
accumulating 900,000 miles. He holds an operator's license from
Indiana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Allen E. Clark

Mr. Clark, 27, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/30, and in his left eye, 20/
60. Following an examination in 2014, his ophthalmologist stated, ``In
my medical opinion, given his stable eye examination, he has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Clark reported that he has driven straight trucks for
eight years, accumulating 68,000 miles, and tractor-trailer
combinations for five years, accumulating 12,500 miles. He holds a
Class A CDL from New York. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Don A. Clymer

Mr. Clymer, 69, 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/
20. Following an examination in 2015, his optometrist stated, ``In my
opinion, Mr. Clymer has sufficient acuity to operate a commercial
vehicle.'' Mr. Clymer reported that he has driven straight trucks for
53 years, accumulating 530,000 miles, and tractor-trailer combinations
for 53 years, accumulating 1.33 million miles. He holds an operator's
license from Pennsylvania. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Bryan K. Dalton

Mr. Dalton, 51, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/50, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``Normal
VF no issues driving.'' Mr. Dalton reported that he has driven straight
trucks for 35 years, accumulating 87,500 miles, tractor-trailer
combinations for 33 years, accumulating 660,000 miles, and buses for 3
years, accumulating 3,000 miles. He holds a Class A CDL from North
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

[[Page 31638]]

Joseph B. Fry

Mr. Fry, 27, 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 2015, his optometrist stated, ``With this
testing and that performed at the routine eye exam on 1/12/15 the
patient has sufficient vision to safely perform the driving tasks
required to operate a commercial vehicle.'' Mr. Fry reported that he
has driven straight trucks for 4 years, accumulating 10,000 miles, and
tractor-trailer combinations for 4 years, accumulating 12,000 miles. He
holds a Class A CDL from Kansas. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

David B. Ginther

Mr. Ginther, 58, has had enucleation in his left eye since 2012 due
to ocular melanoma. 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, ``U.S. Department of Transportation . . .
Provided these findings [sic], I certify that Mr. Ginther is able to
perform driving tasks with sufficient vision within your standards.''
Mr. Ginther reported that he has driven straight trucks for 40 years,
accumulating 600,000 miles, and buses for 4 years, accumulating 8,000
miles. He holds an operator's license from Pennsylvania. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Dominic F. Giordano

Mr. Giordano, 47, has had strabismic amblyopia in his left eye
since childhood. The visual acuity in his right eye is 20/30, and in
his left eye, 20/150. Following an examination in 2014, his optometrist
stated, ``In my opinion, Mr. Giordano has sufficient vision and
peripheral field of vision to perform tasks required to operate a
commercial vehicle.'' Mr. Giordano reported that he has driven straight
trucks for 4 years, accumulating 200,000 miles, and tractor-trailer
combinations for 10 years, accumulating 500,000 miles. He holds a Class
A CDL from Connecticut. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.

Thomas E. Groves

Mr. Groves, 53, has had a retinal scar in his right eye since 2013.
The visual acuity in his right eye is 20/100, and in his left eye, 20/
20. Following an examination in 2014, his optometrist stated,
``Although Mr. Groves has a moderate amount of decreased central vision
in the right eye, I believe his overall acuity, depth perception, and
peripheral vision is sufficient to safely operate a commercial
vehicle.'' Mr. Groves reported that he has driven straight trucks for
15 years, accumulating 1.69 million miles, and tractor-trailer
combinations for 20 years, accumulating 3.5 million miles. He holds a
Class A CDL from West Virginia. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Jose J. Guzman-Olguin

Mr. Guzman-Olguin, 47, has had a retinal detachment in his left eye
since childhood. The visual acuity in his right eye is 20/20, and in
his left eye, light perception. Following an examination in 2014, his
optometrist stated, ``In my professional opinion, Mr. Guzman is capable
of driving a commercial vehicle to the extent his test results conform
to the law and with any visual aids that are required by law for
monocular driver.'' Mr. Guzman-Olguin reported that he has driven
straight trucks for 7 years, accumulating 36,400 miles. He holds an
operator's license from Illinois. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Stephen T. Hines

Mr. Hines, 58, has a prosthetic 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 ophthalmologist stated, ``There is no ocular reason that should
prevent you from operating any motor vehicle.'' Mr. Hines reported that
he has driven straight trucks for 38 years, accumulating 19,000 miles,
and tractor-trailer combinations for 35 years, accumulating 2.1 million
miles. He holds a Class A CDL from New Jersey. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

James J. Keranen

Mr. Keranen, 43, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2014, his optometrist stated, ``It is
my medical opinion that James Keranan has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Keranen reported that he has driven straight trucks for 16 years,
accumulating 400,000 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.

Wesley S. Kilpatrick

Mr. Kilpatrick, 36, has had angle closure and a retinal detachment
causing a visual field defect in his right eye since 2012. The visual
acuity in his right eye is 20/40, and in his left eye, 20/15. Following
an examination in 2015, his optometrist stated, ``In my opinion [sic],
Wes Kilpatrick has sufficient vision to perform any task, including the
driving requirements to operate a commercial vehicle.'' Mr. Kilpatrick
reported that he has driven straight trucks for 16 years, accumulating
400,000 miles, tractor-trailer combinations for 16 years, accumulating
160,000 miles, and buses for 12 years, accumulating 132,000 miles. He
holds an operator's license from Oklahoma. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Herbert S. Lear

Mr. Lear, 60, has had aphakia in his right eye since 1990. The
visual acuity in his right eye is 20/250, and in his left eye, 20/20.
Following an examination in 2015, his optometrist stated, ``I believe
that Mr. Lear has sufficient vision to continue to perform the driving
tasks required to operate a commercial vehicle as he has been doing
over the past 25 years.'' Mr. Lear reported that he has driven straight
trucks for 43 years, accumulating 860,000 miles, and tractor-trailer
combinations for 43 years, accumulating 215,000 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.

Christopher V. May

Mr. May, 53, has had amblyopia in his left eye since childhood. The
visual acuity in his right eye is 20/25, and in his left eye, 20/60.
Following an examination in 2014, his optometrist stated, ``In my
medical opinion, Mr. Christopher May has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. May
reported that he has driven straight trucks for 30 years, accumulating
300,000 miles, and tractor-trailer combinations for 22 years,
accumulating 880,000 miles. He holds a Class AM CDL from Georgia. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

[[Page 31639]]

Nathan C. Nissen

Mr. Nissen, 35, has corneal scarring and reduced vision in his
right eye due to a traumatic incident in 2003. The visual acuity in his
right eye is 20/45, and in his left eye, 20/20. Following an
examination in 2014, his optometrist stated, ``Based on these findings,
I feel Nathan C. Nissen has the visual abilities to continue operating
a commercial motor vehicle in interstate commerce because the visual
loss in his right eye occurred in 2003 and has been stable since that
time.'' Mr. Nissen reported that he has driven straight trucks for 14
years, accumulating 9,800 miles, and tractor-trailer combinations for
14 years, accumulating 700,000 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.

Jeffery Reed

Mr. Reed, 49, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
50. Following an examination in 2014, his optometrist stated, ``U.S.
Dept. of Transportation . . . With corrective lenses, I feel that Mr.
Reed is safe to drive.'' Mr. Reed reported that he has driven tractor-
trailer combinations for 27 years, accumulating 2.83 million miles. He
holds an operator's license from Kentucky. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Gregory S. Richter, Sr.

Mr. Richter, 59, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2015, his optometrist stated, ``I
believe Mr. Richter has sufficient vision to preform [sic] the driving
tasks required to operate a commercial vehicle.'' Mr. Richter reported
that he has driven straight trucks for 35 years, accumulating 1.4
million miles, and tractor-trailer combinations for one year,
accumulating 50,000 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.

David J. Rotenberger

Mr. Rotenberger, 41, 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, ``Based
on the exam findings and the fact the Dave has been driving and
operating heavy machinery on the farm for the last 25 years without
incident, it is my medical opinion that David Rotenberger has
sufficient vision to operate a commercial vehicle for farm use.'' Mr.
Rotenberger reported that he has driven straight trucks for 30 years,
accumulating 75,000 miles, and tractor-trailer combinations for 25
years, accumulating 625,000 miles. He holds an operator's license from
North Dakota. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

George Tomecek, Jr.

Mr. Tomecek, 54, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/500, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated that Mr.
Tomecek does not have any conditions or diseases that would make him an
unsafe driver. Mr. Tomecek reported that he has driven straight trucks
for 28 years, accumulating 336,000 miles. He holds a Class B CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Richard G. Vaughn

Mr. Vaughn, 71, has had complete loss of vision in his right eye
since 2012 due to a central vein occlusion. The visual acuity in his
right eye is hand motion, and in his left eye, 20/20. Following an
examination in 2015, his optometrist stated, ``Mr. Vaughn has been
driving commercially since his vision loss in 2012. He should have
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Vaughn reported that he has driven straight
trucks for 8 years, accumulating 80,000 miles, and tractor-trailer
combinations for 40 years, accumulating 5.5 million miles. He holds a
Class A CDL from North Carolina. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Paul C. Weiss

Mr. Weiss, 56, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/70, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``In my
opinion, Mr. Weiss has sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Weiss reported that he
has driven straight trucks for 38 years, accumulating 3.04 million
miles. He holds a Class A CDL from Pennsylvania. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

III. Public Participation and Request for Comments

FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

If you submit a comment, please include the docket number for this
notice, indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so the
Agency can contact you if it has questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
put the docket number FMCSA-2015-0049 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-2015-0049 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.

[[Page 31640]]

Issued On: May 22, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-13486 Filed 6-2-15; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Notices 31637

• Mail: Docket Management Facility; ‘‘such exemption would likely achieve a reason to believe his driving skills are
U.S. Department of Transportation, 1200 level of safety that is equivalent to or diminished due to his long standing
New Jersey Avenue SE., West Building greater than the level that would be monovision.’’ Mr. Buckley reported that
Ground Floor, Room W12–140, achieved absent such exemption.’’ he has driven straight trucks for 45
Washington, DC 20590–0001. FMCSA can renew exemptions at the years, accumulating 900,000 miles. He
• Hand Delivery: West Building end of each 2-year period. The 23 holds an operator’s license from
Ground Floor, Room W12–140, 1200 individuals listed in this notice have Indiana. His driving record for the last
New Jersey Avenue SE., Washington, each requested such an exemption from 3 years shows no crashes and no
DC, between 9 a.m. and 5 p.m., Monday the vision requirement in 49 CFR convictions for moving violations in a
through Friday, except Federal 391.41(b)(10), which applies to drivers CMV.
Holidays. of CMVs in interstate commerce. Allen E. Clark
• Fax: 1–202–493–2251. Accordingly, the Agency will evaluate
Instructions: Each submission must the qualifications of each applicant to Mr. Clark, 27, has had amblyopia in
include the Agency name and the determine whether granting an his left eye since childhood. The visual
docket numbers for this notice. Note exemption will achieve the required acuity in his right eye is 20/30, and in
that all comments received will be level of safety mandated by statute. his left eye, 20/60. Following an
posted without change to http:// examination in 2014, his
II. Qualifications of Applicants ophthalmologist stated, ‘‘In my medical
www.regulations.gov, including any
personal information provided. Please Michael J. Altobelli opinion, given his stable eye
see the Privacy Act heading below for examination, he has sufficient vision to
Mr. Altobelli, 39, has had amblyopia perform the driving tasks required to
further information.
in his right eye since childhood. The operate a commercial vehicle.’’ Mr.
Docket: For access to the docket to
visual acuity in his right eye is 20/60, Clark reported that he has driven
read background documents or
and in his left eye, 20/20. Following an straight trucks for eight years,
comments, go to http://
examination in 2014, his optometrist accumulating 68,000 miles, and tractor-
www.regulations.gov at any time or
stated, ‘‘Based on the results of his eye trailer combinations for five years,
Room W12–140 on the ground level of
examination, Mr. Altobelli has sufficient accumulating 12,500 miles. He holds a
the West Building, 1200 New Jersey
vision to perform the driving tasks Class A CDL from New York. His
Avenue SE., Washington, DC, between 9
required to operate a commercial driving record for the last 3 years shows
a.m. and 5 p.m., Monday through
vehicle safely.’’ Mr. Altobelli reported no crashes and no convictions for
Friday, except Federal holidays. The
that he has driven straight trucks for 21 moving violations in a CMV.
FDMS is available 24 hours each day,
years, accumulating 420,000 miles. He
365 days each year. If you want Don A. Clymer
holds a Class B CDL from Connecticut.
acknowledgment that we received your
His driving record for the last 3 years Mr. Clymer, 69, has had amblyopia in
comments, please include a self-
shows no crashes and no convictions for his right eye since childhood. The
addressed, stamped envelope or
moving violations in a CMV. visual acuity in his right eye is 20/200,
postcard or print the acknowledgement
and in his left eye, 20/20. Following an
page that appears after submitting Johnny A. Bingham
examination in 2015, his optometrist
comments on-line. Mr. Bingham, 46, has had amblyopia stated, ‘‘In my opinion, Mr. Clymer has
Privacy Act: In accordance with 5 strabismus in his left eye since sufficient acuity to operate a
U.S.C. 553(c), DOT solicits comments childhood. The visual acuity in his right commercial vehicle.’’ Mr. Clymer
from the public to better inform its eye is 20/20, and in his left eye, 20/200. reported that he has driven straight
rulemaking process. DOT posts these Following an examination in 2015, his trucks for 53 years, accumulating
comments, without edit, including any optometrist stated, ‘‘Field of vision in 530,000 miles, and tractor-trailer
personal information the commenter each eye tests 120 degrees in the combinations for 53 years, accumulating
provides, to www.regulations.gov, as horizontal meridians, and has sufficient 1.33 million miles. He holds an
described in the system of records vision to perform the driving tasks he is operator’s license from Pennsylvania.
notice (DOT/ALL–14 FDMS), which can required to operate a commercial His driving record for the last 3 years
be reviewed at www.dot.gov/privacy. vehicle.’’ Mr. Bingham reported that he shows no crashes and no convictions for
FOR FURTHER INFORMATION CONTACT: has driven straight trucks for 8 years, moving violations in a CMV.
Charles A. Horan, III, Director, Carrier, accumulating 4,000 miles, and tractor-
Driver and Vehicle Safety Standards, trailer combinations for 4 years, Bryan K. Dalton
(202) 366–4001, fmcsamedical@dot.gov, accumulating 4,000 miles. He holds a Mr. Dalton, 51, has had amblyopia in
FMCSA, Department of Transportation, Class A CDL from North Carolina. His his right eye since childhood. The
1200 New Jersey Avenue SE., Room driving record for the last 3 years shows visual acuity in his right eye is 20/50,
W64–224, Washington, DC 20590–0001. no crashes and no convictions for and in his left eye, 20/20. Following an
Office hours are from 8:30 a.m. to 5 moving violations in a CMV. examination in 2015, his optometrist
p.m., Monday through Friday, except stated, ‘‘Normal VF no issues driving.’’
Federal holidays. If you have questions Robert A. Buckley Mr. Dalton reported that he has driven
regarding viewing or submitting Mr. Buckley, 62, has a retinal straight trucks for 35 years,
material to the docket, contact Docket detachment in his right eye due to a accumulating 87,500 miles, tractor-
Services, telephone (202) 366–9826. traumatic incident in childhood. The trailer combinations for 33 years,
tkelley on DSK3SPTVN1PROD with NOTICES

SUPPLEMENTARY INFORMATION: visual acuity in his right eye is no light accumulating 660,000 miles, and buses
perception, and in his left eye, 20/20. for 3 years, accumulating 3,000 miles.
I. Background Following an examination in 2015, his He holds a Class A CDL from North
Under 49 U.S.C. 31136(e) and 31315, optometrist stated, ‘‘Mr. Buckley has Carolina. His driving record for the last
FMCSA may grant an exemption from maintained a commercial license for 3 years shows no crashes and no
the Federal Motor Carrier Safety over forty years with no driving convictions for moving violations in a
Regulations for a 2-year period if it finds incidents. In my opinion, there I [sic] no CMV.

VerDate Sep<11>2014 18:57 Jun 02, 2015 Jkt 235001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\03JNN1.SGM 03JNN1

31638 Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Notices

Joseph B. Fry vision in the right eye, I believe his no crashes and no convictions for
Mr. Fry, 27, has had amblyopia in his overall acuity, depth perception, and moving violations in a CMV.
left eye since childhood. The visual peripheral vision is sufficient to safely
operate a commercial vehicle.’’ Mr. Wesley S. Kilpatrick
acuity in his right eye is 20/20, and in
his left eye, 20/60. Following an Groves reported that he has driven Mr. Kilpatrick, 36, has had angle
examination in 2015, his optometrist straight trucks for 15 years, closure and a retinal detachment
stated, ‘‘With this testing and that accumulating 1.69 million miles, and causing a visual field defect in his right
performed at the routine eye exam on 1/ tractor-trailer combinations for 20 years, eye since 2012. The visual acuity in his
12/15 the patient has sufficient vision to accumulating 3.5 million miles. He right eye is 20/40, and in his left eye,
safely perform the driving tasks required holds a Class A CDL from West Virginia.
20/15. Following an examination in
to operate a commercial vehicle.’’ Mr. His driving record for the last 3 years
2015, his optometrist stated, ‘‘In my
Fry reported that he has driven straight shows no crashes and no convictions for
opinion [sic], Wes Kilpatrick has
trucks for 4 years, accumulating 10,000 moving violations in a CMV.
sufficient vision to perform any task,
miles, and tractor-trailer combinations Jose J. Guzman-Olguin including the driving requirements to
for 4 years, accumulating 12,000 miles. operate a commercial vehicle.’’ Mr.
He holds a Class A CDL from Kansas. Mr. Guzman-Olguin, 47, has had a
retinal detachment in his left eye since Kilpatrick reported that he has driven
His driving record for the last 3 years
childhood. The visual acuity in his right straight trucks for 16 years,
shows no crashes and no convictions for
moving violations in a CMV. eye is 20/20, and in his left eye, light accumulating 400,000 miles, tractor-
perception. Following an examination trailer combinations for 16 years,
David B. Ginther in 2014, his optometrist stated, ‘‘In my accumulating 160,000 miles, and buses
Mr. Ginther, 58, has had enucleation professional opinion, Mr. Guzman is for 12 years, accumulating 132,000
in his left eye since 2012 due to ocular capable of driving a commercial vehicle miles. He holds an operator’s license
melanoma. The visual acuity in his right to the extent his test results conform to from Oklahoma. His driving record for
eye is 20/20, and in his left eye, no light the law and with any visual aids that are the last 3 years shows no crashes and no
perception. Following an examination required by law for monocular driver.’’ convictions for moving violations in a
in 2015, his optometrist stated, ‘‘U.S. Mr. Guzman-Olguin reported that he has CMV.
Department of Transportation . . . driven straight trucks for 7 years,
Provided these findings [sic], I certify Herbert S. Lear
accumulating 36,400 miles. He holds an
that Mr. Ginther is able to perform operator’s license from Illinois. His Mr. Lear, 60, has had aphakia in his
driving tasks with sufficient vision driving record for the last 3 years shows right eye since 1990. The visual acuity
within your standards.’’ Mr. Ginther no crashes and no convictions for in his right eye is 20/250, and in his left
reported that he has driven straight moving violations in a CMV. eye, 20/20. Following an examination in
trucks for 40 years, accumulating
Stephen T. Hines 2015, his optometrist stated, ‘‘I believe
600,000 miles, and buses for 4 years,
that Mr. Lear has sufficient vision to
accumulating 8,000 miles. He holds an Mr. Hines, 58, has a prosthetic left eye continue to perform the driving tasks
operator’s license from Pennsylvania. due to a traumatic incident in
His driving record for the last 3 years required to operate a commercial
childhood. The visual acuity in his right vehicle as he has been doing over the
shows no crashes and no convictions for eye is 20/20, and in his left eye, no light
moving violations in a CMV. past 25 years.’’ Mr. Lear reported that he
perception. Following an examination has driven straight trucks for 43 years,
Dominic F. Giordano in 2014, his ophthalmologist stated, accumulating 860,000 miles, and
Mr. Giordano, 47, has had strabismic ‘‘There is no ocular reason that should tractor-trailer combinations for 43 years,
amblyopia in his left eye since prevent you from operating any motor accumulating 215,000 miles. He holds a
childhood. The visual acuity in his right vehicle.’’ Mr. Hines reported that he has Class A CDL from Pennsylvania. His
eye is 20/30, and in his left eye, 20/150. driven straight trucks for 38 years, driving record for the last 3 years shows
Following an examination in 2014, his accumulating 19,000 miles, and tractor- no crashes and no convictions for
optometrist stated, ‘‘In my opinion, Mr. trailer combinations for 35 years, moving violations in a CMV.
Giordano has sufficient vision and accumulating 2.1 million miles. He
peripheral field of vision to perform holds a Class A CDL from New Jersey. Christopher V. May
tasks required to operate a commercial His driving record for the last 3 years
shows no crashes and no convictions for Mr. May, 53, has had amblyopia in his
vehicle.’’ Mr. Giordano reported that he left eye since childhood. The visual
has driven straight trucks for 4 years, moving violations in a CMV.
acuity in his right eye is 20/25, and in
accumulating 200,000 miles, and James J. Keranen his left eye, 20/60. Following an
tractor-trailer combinations for 10 years,
Mr. Keranen, 43, has had amblyopia examination in 2014, his optometrist
accumulating 500,000 miles. He holds a
in his right eye since birth. The visual stated, ‘‘In my medical opinion, Mr.
Class A CDL from Connecticut. His
acuity in his right eye is 20/60, and in Christopher May has sufficient vision to
driving record for the last 3 years shows
no crashes and no convictions for his left eye, 20/20. Following an perform the driving tasks required to
moving violations in a CMV. examination in 2014, his optometrist operate a commercial vehicle.’’ Mr. May
stated, ‘‘It is my medical opinion that reported that he has driven straight
Thomas E. Groves James Keranan has sufficient vision to trucks for 30 years, accumulating
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Mr. Groves, 53, has had a retinal scar perform the driving tasks required to 300,000 miles, and tractor-trailer
in his right eye since 2013. The visual operate a commercial vehicle.’’ Mr. combinations for 22 years, accumulating
acuity in his right eye is 20/100, and in Keranen reported that he has driven 880,000 miles. He holds a Class AM
his left eye, 20/20. Following an straight trucks for 16 years, CDL from Georgia. His driving record
examination in 2014, his optometrist accumulating 400,000 miles. He holds a for the last 3 years shows no crashes and
stated, ‘‘Although Mr. Groves has a chauffer’s license from Michigan. His no convictions for moving violations in
moderate amount of decreased central driving record for the last 3 years shows a CMV.

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31640 Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Notices

Issued On: May 22, 2015. comment. Please see the Privacy Act Shawn M. Carroll (OK), John C.
Larry W. Minor, heading below. Dimassa (WA), Mark T. Gileau (CT),
Associate Administrator for Policy. Docket: For access to the docket to Robert A. Goerl, Jr. (PA), Peter D.
[FR Doc. 2015–13486 Filed 6–2–15; 8:45 am] read background documents or Gouge (IA), Alan D. Harberts (IA),
BILLING CODE 4910–EX–P
comments, go to http:// Paul M. Hinkson (TN), Wendell S.
www.regulations.gov at any time or Sehen (OH), Gary E. Valentine (OH),
Room W12–140 on the ground level of Kevin W. Van Arsdol (CO), Charles
DEPARTMENT OF TRANSPORTATION the West Building, 1200 New Jersey Van Dyke (WI), Harlon C.
Avenue SE., Washington, DC, between 9 VanBlaricom (MN)
Federal Motor Carrier Safety a.m. and 5 p.m., Monday through The exemptions are extended subject
Administration Friday, except Federal holidays. The to the following conditions: (1) That
[Docket No. FMCSA–2011–0092] Federal Docket Management System each individual has a physical
(FDMS) is available 24 hours each day, examination every year (a) by an
Qualification of Drivers; Exemption 365 days each year. If you want ophthalmologist or optometrist who
Applications; Vision acknowledgment that we received your attests that the vision in the better eye
comments, please include a self- continues to meet the requirements in
AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or 49 CFR 391.41(b)(10), and (b) by a
Administration (FMCSA), DOT. postcard or print the acknowledgement medical examiner who attests that the
ACTION: Notice of renewal of page that appears after submitting individual is otherwise physically
exemptions; request for comments. comments on-line. qualified under 49 CFR 391.41; (2) that
Privacy Act: In accordance with 5 each individual provides a copy of the
SUMMARY: FMCSA announces its U.S.C. 553(c), DOT solicits comments
decision to renew the exemptions from ophthalmologist’s or optometrist’s
from the public to better inform its report to the medical examiner at the
the vision requirement in the Federal rulemaking process. DOT posts these
Motor Carrier Safety Regulations for 15 time of the annual medical examination;
comments, without edit, including any and (3) that each individual provide a
individuals. FMCSA has statutory personal information the commenter
authority to exempt individuals from copy of the annual medical certification
provides, to www.regulations.gov, as to the employer for retention in the
the vision requirement if the described in the system of records
exemptions granted will not driver’s qualification file and retains a
notice (DOT/ALL–14 FDMS), which can copy of the certification on his/her
compromise safety. The Agency has be reviewed at www.dot.gov/privacy.
concluded that granting these person while driving for presentation to
FOR FURTHER INFORMATION CONTACT: a duly authorized Federal, State, or local
exemption renewals will provide a level
Charles A. Horan, III, Director, Carrier, enforcement official. Each exemption
of safety that is equivalent to or greater
Driver and Vehicle Safety Standards, will be valid for two years unless
than the level of safety maintained
202–366–4001, fmcsamedical@dot.gov, rescinded earlier by FMCSA. The
without the exemptions for these
FMCSA, Department of Transportation, exemption will be rescinded if: (1) the
commercial motor vehicle (CMV)
1200 New Jersey Avenue SE., Room person fails to comply with the terms
drivers.
W64–224, Washington, DC 20590–0001. and conditions of the exemption; (2) the
DATES: This decision is effective June Office hours are from 8:30 a.m. to 5 p.m. exemption has resulted in a lower level
28, 2015. Comments must be received Monday through Friday, except Federal of safety than was maintained before it
on or before July 6, 2015. holidays. was granted; or (3) continuation of the
ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: exemption would not be consistent with
bearing the Federal Docket Management the goals and objectives of 49 U.S.C.
System (FDMS) numbers: Docket No. I. Background 31136(e) and 31315.
[Docket No. FMCSA–2011–0092], using Under 49 U.S.C. 31136(e) and 31315, III. Basis for Renewing Exemptions
any of the following methods: FMCSA may renew an exemption from
• Federal eRulemaking Portal: Go to the vision requirements in 49 CFR Under 49 U.S.C. 31315(b)(1), an
http://www.regulations.gov. Follow the 391.41(b)(10), which applies to drivers exemption may be granted for no longer
on-line instructions for submitting of CMVs in interstate commerce, for a than two years from its approval date
comments. two-year period if it finds ‘‘such and may be renewed upon application
• Mail: Docket Management Facility; exemption would likely achieve a level for additional two year periods. In
U.S. Department of Transportation, 1200 of safety that is equivalent to or greater accordance with 49 U.S.C. 31136(e) and
New Jersey Avenue SE., West Building than the level that would be achieved 31315, each of the 15 applicants has
Ground Floor, Room W12–140, absent such exemption.’’ The satisfied the entry conditions for
Washington, DC 20590–0001. procedures for requesting an exemption obtaining an exemption from the vision
• Hand Delivery or Courier: West (including renewals) are set out in 49 requirements (76 FR 25766; 76 FR
Building Ground Floor, Room W12–140, CFR part 381. 37885; 78 FR 37270). Each of these 15
1200 New Jersey Avenue SE., applicants has requested renewal of the
Washington, DC, between 9 a.m. and 5 II. Exemption Decision exemption and has submitted evidence
p.m., Monday through Friday, except This notice addresses 15 individuals showing that the vision in the better eye
Federal Holidays. who have requested renewal of their continues to meet the requirement
• Fax: 1–202–493–2251. exemptions in accordance with FMCSA specified at 49 CFR 391.41(b)(10) and
tkelley on DSK3SPTVN1PROD with NOTICES

Instructions: Each submission must procedures. FMCSA has evaluated these that the vision impairment is stable. In
include the Agency name and the 15 applications for renewal on their addition, a review of each record of
docket number for this notice. Note that merits and decided to extend each safety while driving with the respective
DOT posts all comments received exemption for a renewable two-year vision deficiencies over the past two
without change to http:// period. They are: years indicates each applicant continues
www.regulations.gov, including any Christopher L. Bagby (VA), Jan M. to meet the vision exemption
personal information included in a Bernath (OH), Joseph L. Butler (IN), requirements. These factors provide an

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Document Created: 2015-12-15 15:08:52
Document Modified: 2015-12-15 15:08:52

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of applications for exemptions, request for comments.
Dates		Comments must be received on or before July 6, 2015. All comments will be investigated by FMCSA. The exemptions will be issued the day after the comment period closes.
Contact		Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366- 9826.
FR Citation		80 FR 31636

80 FR 31636 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 106 (June 3, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration