80_FR_35818 80 FR 35699 - Qualification of Drivers; Exemption Applications; Vision

80 FR 35699 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 119 (June 22, 2015)

Page Range35699-35703
FR Document2015-15208

FMCSA announces receipt of applications from 34 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 119 (Monday, June 22, 2015)
[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Notices]
[Pages 35699-35703]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15208]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0052]


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 34 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 22, 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-2015-0052 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.

[[Page 35700]]


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

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal Motor Carrier Safety Regulations for a 2-year period 
if it finds ``such exemption would likely achieve a level of safety 
that is equivalent to or greater than the level that would be achieved 
absent such exemption.'' FMCSA can renew exemptions at the end of each 
2-year period. The 34 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

Robert J. Bickel

    Mr. Bickel, 60, has had amblyopia in his left eye since 1996. 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 vision 
is 20/20 in the better eye and has sufficient vision to operate a 
commercial vehicle.'' Mr. Bickel reported that he has driven straight 
trucks for 13 years, accumulating 130,000 miles. He holds a Class CA 
CDL from Michigan. His driving record for the last 3 years shows no 
crashes and one conviction for a moving violation in a CMV; he 
disobeyed a stop sign.

Steven J. Brauer

    Mr. Brauer, 61, has complete loss of vision in his left eye since 
1972. The visual acuity in his right eye is 20/20, and in his left eye, 
counting fingers. Following an examination in 2014, his ophthalmologist 
stated, ``Mr. Brauer has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Brauer reported that he 
has driven straight trucks for 35 years, accumulating 630,000 miles. He 
holds an operator's license from New Jersey. His driving record for the 
last 3 years shows one crash, for which he was not cited and to which 
he did not contribute, and no convictions for moving violations in a 
CMV.

Steven R. Brinegar

    Mr. Brinegar, 34, has a retinal detachment in his left eye due to a 
traumatic incident in 1999. The visual acuity in his right eye is 20/
25, and in his left eye, light perception. Following an examination in 
2015, his optometrist stated, ``Mr. Brinegar has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle in 
my opinion.'' Mr. Brinegar reported that he has driven straight trucks 
for one year, accumulating 20,000 miles, and tractor-trailer 
combinations for four years, accumulating 320,000 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.

Garry D. Burkholder

    Mr. Burkholder, 58, has corneal scarring and Descemet's folds 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, 20/400. 
Following an examination in 2015, his ophthalmologist stated, ``In my 
medical opinion, he has been driving for the last 40 years without any 
issues and I believe that with the use of his right eye and his left 
eye for some peripheral vision, he should have enough vision to operate 
a commercial vehicle which he has done safely in the past.'' Mr. 
Burkholder reported that he has driven straight trucks for 10 years, 
accumulating 300,000 miles, and tractor-trailer combinations for 35 
years, accumulating 2.1 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.

Orlando A. Cabrera

    Mr. Cabrera, 50, has had retinal detachment in his left eye since 
1991. 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, ``Although Mr. Cabrera is a monocular subject, I feel that he 
does have adequate vision to drive a commercial vehicle.''
    Mr. Cabrera reported that he has driven straight trucks for 11 
years, accumulating 229,075 miles. He holds an operator's license from 
Florida. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Dennis W. Cosens, Jr.

    Mr. Cosens, 39, has had congenital 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 2015, his optometrist stated, 
``It is my determination that Mr. Dennis Cosens is able to perform 
tasks required to operate a commercial vehicle.'' Mr. Cosens reported 
that he has driven straight trucks for 20 years, accumulating 800,000 
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.

Rodney R. Dawson

    Mr. Dawson, 50, has had a prosthetic left eye since 2009. The 
visual acuity in his right eye is 20/25, and in his left eye, no light 
perception. Following an examination in 2014, his ophthalmologist 
stated, ``Mr. Dawson has asked that I provide the information as it 
pertains to his DOT physical related to his visual results . . . Pt. 
[sic] does have sufficient visual acuity w/the right eye to perform 
duties with caution.''
    Mr. Dawson reported that he has driven straight trucks for 12 
years, accumulating 432,000 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.

David S. Devine

    Mr. Devine, 56, has corneal scarring in his left eye due to a 
traumatic incident in 1984. The visual acuity in his right eye is 20/
20, and in his left eye, 20/60. Following an examination in 2014, his 
optometrist stated, ``He has sufficient functional vision to operate 
safely a commercial vehicle.'' Mr. Devine reported that he has driven 
straight trucks for 11.5 years, accumulating 460,000 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.

Lenton L. Dunston, Jr.

    Mr. Dunston, 70, has had amblyopia with exotropia in his left eye 
since birth. The visual acuity in his right eye is 20/40, and in his 
left eye, 20/400. Following an examination in 2015, his ophthalmologist 
stated, ``In my medical opinion, the patient has sufficient vision to 
preform [sic] the driving tasks required to operate a commercial

[[Page 35701]]

vehicle.'' Mr. Dunston reported that he has driven straight trucks for 
2 years, accumulating 4,000 miles, and tractor-trailer combinations for 
20 years, accumulating two million miles. He holds a Class A CDL from 
Virginia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Raymond C. Favreau

    Mr. Favreau, 50, 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 optometrist stated, 
``Mr. Favreau has been amblyopic in his right eye since very early 
childhood. He has been driving commercial vehicles for years without a 
problem.'' Mr. Favreau reported that he has driven straight trucks for 
25 years, accumulating 1.63 million 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.

William J. Gargiulo

    Mr. Gargiulo, 55, 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 ophthalmologist stated, ``I 
certify that in my medical opinion, patient William Gargiulo has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Gargiulo reported that he has driven straight 
trucks for 6.5 years, accumulating 65,000 miles. He holds an operator's 
license from Ohio. His driving record for the last 3 years shows one 
crash, for which he was not cited and to which he did not contribute, 
and one conviction for a moving violation in a CMV; he exceeded the 
speed limit by 15 mph.

Wladyslaw Gogola

    Mr. Gogola, 45, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2014, his ophthalmologist stated, 
``With a normal kinetic peripheral field in each eye and normal color 
vision he has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Gogola reported that he has 
driven straight trucks for five years, accumulating 250,000 miles, and 
tractor-trailer combinations for nine years, accumulating 765,000 
miles. He holds a Class A CDL from Illinois. His driving record for the 
last 3 years shows two crashes, for which he was not cited and to which 
he did not contribute, and no convictions for moving violations in a 
CMV.

Antonio Gomez

    Mr. Gomez, 59, 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 optometrist stated, ``In my 
professional opinion, Mr. Gomez has sufficient vision in his left eye 
to operate a commercial motor vehicle.'' Mr. Gomez reported that he has 
driven straight trucks for 33 years, accumulating 99,000 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.

Fred S. Graham

    Mr. Graham, 70, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2014, his ophthalmologist stated, ``In 
my opinion Mr. Graham has sufficient vision to perform the driving 
tasks to operate a commercial vehicle.'' Mr. Graham reported that he 
has driven straight trucks for three years, accumulating 6,000 miles. 
He holds an operator's license from Tennessee. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Mark Grenier

    Mr. Grenier, 52, has a prosthetic right eye due to a traumatic 
incident in 1988. 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, ``It is my medical opinion that Mr. 
Grenier has sufficient vision in his left eye to operate a commercial 
vehicle.''
    Mr. Grenier reported that he has driven straight trucks for 20 
years, accumulating 500,000 miles, and tractor-trailer combinations for 
20 years, accumulating 300,000 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.

Jay R. Hendricks

    Mr. Hendricks, 53, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/100, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``Yes, 
Mr. Hendricks has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Hendricks reported that 
he has driven tractor-trailer combinations for 17 years, accumulating 
850,000 miles. He holds a Class A CDL from Florida. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Steven C. Holland

    Mr. Holland, 55, has had amblyopia and a macular hole resulting in 
central scotoma in his right eye since birth. The visual acuity in his 
right eye is 20/100, and in his left eye, 20/20. Following an 
examination in 2015 his optometrist stated, ``He has a history of 
amblyopia in the right eye . . . The right eye does have some slight 
pigmentary changes within the macula and possibly small macular hole 
explaining the reduction in acuity . . . At this time, I do not see 
anything that would limit Mr. Holland's ability to operate a commercial 
vehicle.'' Mr. Holland reported that he has driven tractor-trailer 
combinations for 27 years, accumulating 583,200 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.

Acquillious Jackson III

    Mr. Jackson, 61, has had aphakia and corneal scarring resulting in 
amblyopia in his left eye since childhood. The visual acuity in his 
right eye is 20/15, and in his left eye, counting fingers. Following an 
examination in 2014, his ophthalmologist stated, ``In my medical 
opinion Mr. Jackson has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Jackson reported that 
he has driven buses for 37 years, accumulating 588,744 miles. He holds 
a Class B CDL from South Carolina. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Jimmy D. Johnson II

    Mr. Johnson, 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 2015, his optometrist stated, ``In 
summary, Mr. Johnson is well adapted to his long-standing amblyopia 
and, in my medical opinion, has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Johnson 
reported that he has driven straight trucks for 25 years, accumulating 
107,500 miles, and tractor-trailer combinations for 15 years, 
accumulating 162,000 miles. He holds a Class AM CDL from Tennessee. His 
driving record for the last 3 years shows no crashes and

[[Page 35702]]

no convictions for moving violations in a CMV.

Bradley J. Kearl

    Mr. Kearl, 45, has had congenital glaucoma in his left eye since 
birth. The visual acuity in his right eye is 20/25, and in his left 
eye, 20/400. Following an examination in 2015, his ophthalmologist 
stated, ``In my opinion, he has sufficient vision to continue 
performing the tasks necessary to operate a commercial vehicle.'' Mr. 
Kearl reported that he has driven straight trucks for 21 years, 
accumulating 10,000 miles, and tractor-trailer combinations for 10 
years, accumulating 10,000 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.

Larry G. Kreke

    Mr. Kreke, 61, 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 2015, his optometrist stated, ``Larry Kreke is a 61 year 
old commercial vehicle operator . . . It is my clinical impression that 
Mr. Kreke can operate the aforementioned machinery as needed without 
visual restrictions.'' Mr. Kreke reported that he has driven straight 
trucks for 38 years, accumulating 1.7 million miles. He holds a Class 
AM CDL from Illinois. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Richard A. Lemke

    Mr. Lemke, 64, 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 2015, his optometrist stated, ``I 
certify that in my medical opinion, Mr Lemke [sic] has sufficient 
vision to operate a commercial vehicle.'' Mr. Lemke reported that he 
has driven straight trucks for 25 years, accumulating 250,000 miles. He 
holds an operator's license from Wisconsin. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Lawrence McGowan

    Mr. McGowan, 60, has had staphyloma with optic atrophy in his left 
eye since childhood. The visual acuity in his right eye is 20/30, and 
in his left eye, counting fingers. Following an examination in 2014, 
his ophthalmologist stated, ``Formal HVF perimetry ordered 11-2014, 
>160 degrees of horizontal peripheral vision . . . In my opinion, it is 
safe for him to drive a commercial vehicle [sic].'' Mr. McGowan 
reported that he has driven straight trucks for 39 years, accumulating 
585,000 miles, and tractor-trailer combinations for 39 years, 
accumulating 1.95 million miles. He holds a Class A CDL from Ohio. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

James R. Milliken

    Mr. Milliken, 64, has had a retinal detachment in his left eye 
since 1980. The visual acuity in his right eye is 20/15, and in his 
left eye, light perception. Following an examination in 2015, his 
optometrist stated, ``I certify that in my medical opinion James R. 
Milliken has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Milliken reported that he has 
driven straight trucks for 10.5 years, accumulating 372,750 miles, and 
tractor-trailer combinations for 5.5 years, accumulating 115,500 miles. 
He holds a Class A CDL from Colorado. His driving record for the last 3 
years shows one crash, for which he was not cited and to which he did 
not contribute, and no convictions for moving violations in a CMV.

Christopher P. Mroczka

    Mr. Mroczka, 26, has had refractive amblyopia in his right eye 
since childhood. The visual acuity in his right eye is 20/80, and in 
his left eye, 20/20. Following an examination in 2015, his optometrist 
stated, ``I have no doubt that Mr. Mroczka's vision is suitable to 
operate a commercial vehicle.'' Mr. Mroczka reported that he has driven 
straight trucks for 3.5 years, accumulating 350,000 miles, and tractor-
trailer combinations for two years, accumulating 600 miles. He holds an 
operator's license from Maryland. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Gary A. Oster, Jr.

    Mr. Oster, 52, has a total cataract with iris synechia in his right 
eye due to a traumatic incident during childhood. The visual acuity in 
his right eye is no light perception, and in his left eye, 20/20. 
Following an examination in 2015, his optometrist stated, ``In my 
opinion Gary A. Oster has sufficient vision to perform all driving 
tasks required to operate a commercial vehicle.'' Mr. Oster reported 
that he has driven straight trucks for three years, accumulating 
112,500 miles, and tractor-trailer combinations for 12.5 years, 
accumulating 1.1 million 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.

Mark A. Pleskovitch

    Mr. Pleskovitch, 59, has complete loss of vision in his right eye 
due to a traumatic incident during childhood. The visual acuity in his 
right eye is no light perception, and in his left eye, 20/20. Following 
an examination in 2015, his optometrist stated, ``Pt. [sic] Mark 
Pleskovitch has enough vision in his left eye to operate commercial 
vehical [sic] to my knowledge upon examining his left eye. But, In the 
end-decision to be made by dept. of transportation.'' Mr. Pleskovitch 
reported that he has driven tractor-trailer combinations for 32 years, 
accumulating 2.24 million miles. He holds a Class A CDL from Illinois. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Edward J. Puto

    Mr. Puto, 54, has an optic nerve injury 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 2015, his optometrist stated, ``Patient had eye injury 
to Right Eye [sic] . . . With correction on may safely operate a 
commercial motor vehicle.'' Mr. Puto reported that he has driven 
straight trucks for three years, accumulating 75,000 miles, and 
tractor-trailer combinations for 30 years, accumulating 900,000 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.

Andrew Risner

    Mr. Risner, 26, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/200. 
Following an examination in 2014, his optometrist stated, ``Pt [sic] 
demonstrates sufficient vision for commercial vehicle operation.'' Mr. 
Risner reported that he has driven straight trucks for 6 years, 
accumulating 150,000 miles. He holds an operator's license from Ohio. 
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 16 mph.

Kyle B. Sharp

    Mr. Sharp, 36, has had complete loss of vision in his right eye 
since 2011 due

[[Page 35703]]

to Neisseria meningitis. 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, ``It is my understanding that Mr. Kyle 
Sharp presently operates a commercial vehicle. . . I found no evidence 
at his vision exam of a progressive type of ocular condition that would 
adversely effect [sic] his current vision status or performance.'' Mr. 
Sharp reported that he has driven straight trucks for 15 years, 
accumulating 150,000 miles, and tractor-trailer combinations for 15 
years, accumulating 75,000 miles. He holds a Class CA CDL from 
Michigan. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Francis A. St. Pierre

    Mr. St. Pierre, 51, has had amblyopia in his left eye since birth. 
The visual acuity in his right eye is 20/20, and in his left eye, 
counting fingers. Following an examination in 2014, his optometrist 
stated, ``It is my medical opinion that Mr. St. Pierre has sufficient 
vision to operate a vehicle, commercial or otherwise, as his condition 
is congenital and he has adapted to using his right eye for his good 
central vision while using both eyes for his peripheral vision.'' Mr. 
St. Pierre reported that he has driven straight trucks for 30 years, 
accumulating 420,000 miles, and tractor-trailer combinations for 22 
years, accumulating 242,000 miles. He holds a Class AMC CDL from New 
Hampshire. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Sukru Tamirci

    Mr. Tamirci, 50, has a cataract, mydriasis, and posterior senechiae 
in his right eye due to a traumatic incident in 1994. The visual acuity 
in his right eye is hand motion, and in his left eye, 20/20. Following 
an examination in 2014, his ophthalmologist stated, ``In my medical 
opinion, he has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Tamirci reported that he has 
driven straight trucks for three years, accumulating 504,000 miles, and 
buses for seven years, accumulating 910,000 miles. He holds an 
operator's license from New York. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

George F. Treece

    Mr. Treece, 59, has had a retinal scar 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, 
``In my opinion, Mr. Treece has proven historically his ability to 
operate a commercial vehicle and also demonstrates sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Treece reported that he has driven straight trucks for 3 years, 
accumulating 1,500 miles, and tractor-trailer combinations for 17 
years, accumulating 476,000 miles. He holds a Class AM CDL from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Jeff L. Wheeler

    Mr. Wheeler, 50, 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 2015, his optometrist stated, ``I feel that 
Mr. Wheeler has adequate vision to operate a commercial vehicle and has 
been doing so for a number of years.'' Mr. Wheeler reported that he has 
driven tractor-trailer combinations for 25 years, accumulating 2.5 
million 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.

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-2015-0052 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-2015-0052 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: June 9, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-15208 Filed 6-19-15; 8:45 am]
BILLING CODE 4910-EX-P



                                                                             Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices                                          35699

                                              not be degraded, the Agency believes                       The Agency hereby grants the                        commercial motor vehicles (CMVs) in
                                              that placement of the transponders                      exemption for a two-year period,                       interstate commerce without meeting
                                              lower in the windshield than currently                  beginning June 22, 2015 until June 22,                 the prescribed vision requirement in
                                              permitted will be outside the drivers’                  2017.                                                  one eye. If granted, the exemptions
                                              sight lines, and therefore, will not have                  During the temporary exemption                      would enable these individuals to
                                              an adverse impact on safety.                            period, motor carriers using Help, Inc.                qualify as drivers of commercial motor
                                                 2. Mr. Paul Baute supported the                      transponders must ensure that the                      vehicles (CMVs) in interstate commerce.
                                              application, but noted that ‘‘the                       devices are mounted 2 inches right of                  DATES: Comments must be received on
                                              exemption should not be necessary.                      the center of the windshield, and 2–3                  or before July 22, 2015. All comments
                                              FMCSA 393.60(e)(1) is in conflict with                  inches above the dashboard. If however,                will be investigated by FMCSA. The
                                              FMCSA 393.60(e)(2) with locations of                    because of the design and mounting of                  exemptions will be issued the day after
                                              items such as transponders and decals                   the windshield wipers on a particular                  the comment period closes.
                                              . . . FMCSR 393.60(e)(1) should be                      CMV, use of the mounting location                      ADDRESSES: You may submit comments
                                              changed to allow the transponders to be                 identified above does not result in the                bearing the Federal Docket Management
                                              mounted on the bottom of the                            transponder being located within the                   System (FDMS) Docket No. FMCSA–
                                              windshield.’’                                           swept area of the wipers, the                          2015–0052 using any of the following
                                                 FMCSA response: The regulations at                   transponder may be positioned such                     methods:
                                              section 393.60(e)(1) and section                        that it is located (1) to the right of the                • Federal eRulemaking Portal: Go to
                                              393.60(e)(2) do not conflict. Section                   center of the windshield, and (2) as low               http://www.regulations.gov. Follow the
                                              393.60(e)(1) defines the dimensional                    as possible in the swept area of the                   on-line instructions for submitting
                                              limits at the top of the windshield in                  wipers.                                                comments.
                                              which ‘‘antennas, transponders, and
                                                                                                         The FMCSA encourages any party                         • Mail: Docket Management Facility;
                                                                                                      having information that motor carriers                 U.S. Department of Transportation, 1200
                                              similar devices’’ can be mounted,
                                                                                                      utilizing this exemption are not                       New Jersey Avenue SE., West Building
                                              whereas section 393.60(e)(2) defines the
                                                                                                      achieving the requisite level of safety                Ground Floor, Room W12–140,
                                              dimensional limits at the bottom of the
                                                                                                      immediately to notify the Agency. If                   Washington, DC 20590–0001.
                                              windshield for applying ‘‘Commercial
                                              Vehicle Safety Alliance (CVSA)
                                                                                                      safety is being compromised, or if the                    • Hand Delivery: West Building
                                                                                                      continuation of the exemption is not                   Ground Floor, Room W12–140, 1200
                                              inspection decals, and stickers and/or
                                                                                                      consistent with 49 U.S.C. 31315(b) and                 New Jersey Avenue SE., Washington,
                                              decals required under Federal or State
                                                                                                      31136(e), FMCSA will take immediate                    DC, between 9 a.m. and 5 p.m., Monday
                                              laws.’’ Section 393.60(e)(2) does not
                                                                                                      steps to revoke the exemption.                         through Friday, except Federal
                                              currently allow other devices, such as
                                                                                                      Preemption                                             Holidays.
                                              transponders, to be mounted in the area
                                                                                                                                                                • Fax: 1–202–493–2251.
                                              at the bottom of the windshield, and any                  In accordance with section 381.600 of                   Instructions: Each submission must
                                              amendment to the regulation to allow                    the FMCSRs, during the period the                      include the Agency name and the
                                              such devices to be mounted in this                      exemption is in effect, no State shall                 docket numbers for this notice. Note
                                              location would have to be made through                  enforce any law or regulation that                     that all comments received will be
                                              a notice-and-comment rulemaking.                        conflicts with or is inconsistent with                 posted without change to http://
                                              Terms and Conditions for the                            this exemption with respect to a person                www.regulations.gov, including any
                                              Exemption                                               operating under the exemption.                         personal information provided. Please
                                                                                                        Issued on: June 3, 2015.                             see the Privacy Act heading below for
                                                 Based on its evaluation of the                                                                              further information.
                                              application for an exemption, FMCSA                     T.F. Scott Darling III,
                                                                                                                                                                Docket: For access to the docket to
                                              grants Help, Inc.’s exemption                           Chief Counsel.
                                                                                                                                                             read background documents or
                                              application. The Agency believes that                   [FR Doc. 2015–15159 Filed 6–19–15; 8:45 am]
                                                                                                                                                             comments, go to http://
                                              the safety performance of motor carriers                BILLING CODE 4910–EX–P                                 www.regulations.gov at any time or
                                              during the 2-year exemption period will                                                                        Room W12–140 on the ground level of
                                              likely achieve a level of safety that is                                                                       the West Building, 1200 New Jersey
                                              equivalent to, or greater than, the level               DEPARTMENT OF TRANSPORTATION                           Avenue SE., Washington, DC, between 9
                                              of safety achieved without the                                                                                 a.m. and 5 p.m., Monday through
                                                                                                      Federal Motor Carrier Safety
                                              exemption because (1) based on the                                                                             Friday, except Federal holidays. The
                                                                                                      Administration
                                              technical information available, there is                                                                      FDMS is available 24 hours each day,
                                              no indication that the transponders                     [Docket No. FMCSA–2015–0052]                           365 days each year. If you want
                                              would obstruct drivers’ views of the                                                                           acknowledgment that we received your
                                              roadway, highway signs and                              Qualification of Drivers; Exemption                    comments, please include a self-
                                              surrounding traffic; (2) generally, trucks              Applications; Vision                                   addressed, stamped envelope or
                                              and buses have an elevated seating                      AGENCY: Federal Motor Carrier Safety                   postcard or print the acknowledgement
                                              position which greatly improves the                     Administration (FMCSA), DOT.                           page that appears after submitting
                                              forward visual field of the driver, and                 ACTION: Notice of applications for                     comments on-line.
                                              any impairment of available sight lines                 exemptions; request for comments.                         Privacy Act: In accordance with 5
                                              would be minimal; and (3) the location                                                                         U.S.C. 553(c), DOT solicits comments
                                              at the bottom of the windshield but                     SUMMARY:   FMCSA announces receipt of                  from the public to better inform its
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                                              within the windshield wiper sweep, and                  applications from 34 individuals for                   rulemaking process. DOT posts these
                                              out of the driver’s sightline is reasonable             exemption from the vision requirement                  comments, without edit, including any
                                              and enforceable at roadside. Without the                in the Federal Motor Carrier Safety                    personal information the commenter
                                              exemption, Help, Inc. would be unable                   Regulations. They are unable to meet                   provides, to www.regulations.gov, as
                                              to utilize a mounting location that                     the vision requirement in one eye for                  described in the system of records
                                              maximizes the device’s ability to send                  various reasons. The exemptions will                   notice (DOT/ALL–14 FDMS), which can
                                              and receive roadside data.                              enable these individuals to operate                    be reviewed at www.dot.gov/privacy.


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                                              35700                          Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices

                                              FOR FURTHER INFORMATION CONTACT:                        His driving record for the last 3 years                no crashes and no convictions for
                                              Charles A. Horan, III, Director, Carrier,               shows one crash, for which he was not                  moving violations in a CMV.
                                              Driver and Vehicle Safety Standards,                    cited and to which he did not
                                                                                                                                                             Dennis W. Cosens, Jr.
                                              (202) 366–4001, fmcsamedical@dot.gov,                   contribute, and no convictions for
                                              FMCSA, Department of Transportation,                    moving violations in a CMV.                               Mr. Cosens, 39, has had congenital
                                              1200 New Jersey Avenue SE., Room                                                                               amblyopia in his left eye since
                                                                                                      Steven R. Brinegar                                     childhood. The visual acuity in his right
                                              W64–224, Washington, DC 20590–0001.
                                              Office hours are from 8:30 a.m. to 5                       Mr. Brinegar, 34, has a retinal                     eye is 20/20, and in his left eye, 20/200.
                                              p.m., Monday through Friday, except                     detachment in his left eye due to a                    Following an examination in 2015, his
                                              Federal holidays. If you have questions                 traumatic incident in 1999. The visual                 optometrist stated, ‘‘It is my
                                              regarding viewing or submitting                         acuity in his right eye is 20/25, and in               determination that Mr. Dennis Cosens is
                                              material to the docket, contact Docket                  his left eye, light perception. Following              able to perform tasks required to operate
                                              Services, telephone (202) 366–9826.                     an examination in 2015, his optometrist                a commercial vehicle.’’ Mr. Cosens
                                              SUPPLEMENTARY INFORMATION:                              stated, ‘‘Mr. Brinegar has sufficient                  reported that he has driven straight
                                                                                                      vision to perform the driving tasks                    trucks for 20 years, accumulating
                                              I. Background                                           required to operate a commercial                       800,000 miles. He holds an operator’s
                                                 Under 49 U.S.C. 31136(e) and 31315,                  vehicle in my opinion.’’ Mr. Brinegar                  license from New Mexico. His driving
                                              FMCSA may grant an exemption from                       reported that he has driven straight                   record for the last 3 years shows no
                                              the Federal Motor Carrier Safety                        trucks for one year, accumulating 20,000               crashes and no convictions for moving
                                              Regulations for a 2-year period if it finds             miles, and tractor-trailer combinations                violations in a CMV.
                                              ‘‘such exemption would likely achieve a                 for four years, accumulating 320,000                   Rodney R. Dawson
                                              level of safety that is equivalent to or                miles. He holds a Class A CDL from
                                              greater than the level that would be                    Texas. His driving record for the last 3                  Mr. Dawson, 50, has had a prosthetic
                                              achieved absent such exemption.’’                       years shows no crashes and no                          left eye since 2009. The visual acuity in
                                              FMCSA can renew exemptions at the                       convictions for moving violations in a                 his right eye is 20/25, and in his left eye,
                                              end of each 2-year period. The 34                       CMV.                                                   no light perception. Following an
                                              individuals listed in this notice have                                                                         examination in 2014, his
                                                                                                      Garry D. Burkholder                                    ophthalmologist stated, ‘‘Mr. Dawson
                                              each requested such an exemption from
                                              the vision requirement in 49 CFR                           Mr. Burkholder, 58, has corneal                     has asked that I provide the information
                                              391.41(b)(10), which applies to drivers                 scarring and Descemet’s folds in his left              as it pertains to his DOT physical
                                              of CMVs in interstate commerce.                         eye due to a traumatic incident during                 related to his visual results . . . Pt. [sic]
                                              Accordingly, the Agency will evaluate                   childhood. The visual acuity in his right              does have sufficient visual acuity w/the
                                              the qualifications of each applicant to                 eye is 20/20, and in his left eye, 20/400.             right eye to perform duties with
                                              determine whether granting an                           Following an examination in 2015, his                  caution.’’
                                              exemption will achieve the required                                                                               Mr. Dawson reported that he has
                                                                                                      ophthalmologist stated, ‘‘In my medical
                                              level of safety mandated by statute.                                                                           driven straight trucks for 12 years,
                                                                                                      opinion, he has been driving for the last
                                                                                                                                                             accumulating 432,000 miles. He holds
                                              II. Qualifications of Applicants                        40 years without any issues and I
                                                                                                                                                             an operator’s license from Kentucky. His
                                                                                                      believe that with the use of his right eye
                                                                                                                                                             driving record for the last 3 years shows
                                              Robert J. Bickel                                        and his left eye for some peripheral
                                                                                                                                                             no crashes and no convictions for
                                                 Mr. Bickel, 60, has had amblyopia in                 vision, he should have enough vision to
                                                                                                                                                             moving violations in a CMV.
                                              his left eye since 1996. The visual acuity              operate a commercial vehicle which he
                                              in his right eye is 20/20, and in his left              has done safely in the past.’’ Mr.                     David S. Devine
                                              eye, 20/400. Following an examination                   Burkholder reported that he has driven                    Mr. Devine, 56, has corneal scarring
                                              in 2015, his optometrist stated, ‘‘His                  straight trucks for 10 years,                          in his left eye due to a traumatic
                                              vision is 20/20 in the better eye and has               accumulating 300,000 miles, and                        incident in 1984. The visual acuity in
                                              sufficient vision to operate a                          tractor-trailer combinations for 35 years,             his right eye is 20/20, and in his left eye,
                                              commercial vehicle.’’ Mr. Bickel                        accumulating 2.1 million miles. He                     20/60. Following an examination in
                                              reported that he has driven straight                    holds a Class A CDL from Pennsylvania.                 2014, his optometrist stated, ‘‘He has
                                              trucks for 13 years, accumulating                       His driving record for the last 3 years                sufficient functional vision to operate
                                              130,000 miles. He holds a Class CA CDL                  shows no crashes and no convictions for                safely a commercial vehicle.’’ Mr.
                                              from Michigan. His driving record for                   moving violations in a CMV.                            Devine reported that he has driven
                                              the last 3 years shows no crashes and                   Orlando A. Cabrera                                     straight trucks for 11.5 years,
                                              one conviction for a moving violation in                                                                       accumulating 460,000 miles. He holds a
                                              a CMV; he disobeyed a stop sign.                           Mr. Cabrera, 50, has had retinal                    Class A CDL from Idaho. His driving
                                                                                                      detachment in his left eye since 1991.                 record for the last 3 years shows no
                                              Steven J. Brauer                                        The visual acuity in his right eye is 20/              crashes and no convictions for moving
                                                Mr. Brauer, 61, has complete loss of                  20, and in his left eye, no light                      violations in a CMV.
                                              vision in his left eye since 1972. The                  perception. Following an examination
                                              visual acuity in his right eye is 20/20,                in 2014, his optometrist stated,                       Lenton L. Dunston, Jr.
                                              and in his left eye, counting fingers.                  ‘‘Although Mr. Cabrera is a monocular                    Mr. Dunston, 70, has had amblyopia
                                              Following an examination in 2014, his                   subject, I feel that he does have                      with exotropia in his left eye since birth.
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                                              ophthalmologist stated, ‘‘Mr. Brauer has                adequate vision to drive a commercial                  The visual acuity in his right eye is 20/
                                              sufficient vision to perform driving                    vehicle.’’                                             40, and in his left eye, 20/400.
                                              tasks required to operate a commercial                     Mr. Cabrera reported that he has                    Following an examination in 2015, his
                                              vehicle.’’ Mr. Brauer reported that he                  driven straight trucks for 11 years,                   ophthalmologist stated, ‘‘In my medical
                                              has driven straight trucks for 35 years,                accumulating 229,075 miles. He holds                   opinion, the patient has sufficient vision
                                              accumulating 630,000 miles. He holds                    an operator’s license from Florida. His                to preform [sic] the driving tasks
                                              an operator’s license from New Jersey.                  driving record for the last 3 years shows              required to operate a commercial


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                                                                             Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices                                              35701

                                              vehicle.’’ Mr. Dunston reported that he                 no convictions for moving violations in                for 17 years, accumulating 850,000
                                              has driven straight trucks for 2 years,                 a CMV.                                                 miles. He holds a Class A CDL from
                                              accumulating 4,000 miles, and tractor-                                                                         Florida. His driving record for the last
                                                                                                      Antonio Gomez
                                              trailer combinations for 20 years,                                                                             3 years shows no crashes and no
                                              accumulating two million miles. He                        Mr. Gomez, 59, has had amblyopia in                  convictions for moving violations in a
                                              holds a Class A CDL from Virginia. His                  his right eye since childhood. The                     CMV.
                                              driving record for the last 3 years shows               visual acuity in his right eye is 20/60,
                                              no crashes and no convictions for                       and in his left eye, 20/20. Following an               Steven C. Holland
                                              moving violations in a CMV.                             examination in 2015, his optometrist                      Mr. Holland, 55, has had amblyopia
                                                                                                      stated, ‘‘In my professional opinion, Mr.              and a macular hole resulting in central
                                              Raymond C. Favreau                                      Gomez has sufficient vision in his left                scotoma in his right eye since birth. The
                                                Mr. Favreau, 50, has had amblyopia in                 eye to operate a commercial motor                      visual acuity in his right eye is 20/100,
                                              his right eye since childhood. The                      vehicle.’’ Mr. Gomez reported that he                  and in his left eye, 20/20. Following an
                                              visual acuity in his right eye is 20/60,                has driven straight trucks for 33 years,               examination in 2015 his optometrist
                                              and in his left eye, 20/20. Following an                accumulating 99,000 miles. He holds a                  stated, ‘‘He has a history of amblyopia
                                              examination in 2015, his optometrist                    Class A CDL from Pennsylvania. His                     in the right eye . . . The right eye does
                                              stated, ‘‘Mr. Favreau has been                          driving record for the last 3 years shows              have some slight pigmentary changes
                                              amblyopic in his right eye since very                   no crashes and no convictions for                      within the macula and possibly small
                                              early childhood. He has been driving                    moving violations in a CMV.                            macular hole explaining the reduction
                                              commercial vehicles for years without a                                                                        in acuity . . . At this time, I do not see
                                              problem.’’ Mr. Favreau reported that he                 Fred S. Graham
                                                                                                                                                             anything that would limit Mr. Holland’s
                                              has driven straight trucks for 25 years,                   Mr. Graham, 70, has had amblyopia in                ability to operate a commercial vehicle.’’
                                              accumulating 1.63 million miles. He                     his left eye since childhood. The visual               Mr. Holland reported that he has driven
                                              holds a Class A CDL from Vermont. His                   acuity in his right eye is 20/20, and in               tractor-trailer combinations for 27 years,
                                              driving record for the last 3 years shows               his left eye, 20/400. Following an                     accumulating 583,200 miles. He holds a
                                              no crashes and no convictions for                       examination in 2014, his                               Class A CDL from Oklahoma. His
                                              moving violations in a CMV.                             ophthalmologist stated, ‘‘In my opinion                driving record for the last 3 years shows
                                              William J. Gargiulo                                     Mr. Graham has sufficient vision to                    no crashes and no convictions for
                                                                                                      perform the driving tasks to operate a                 moving violations in a CMV.
                                                 Mr. Gargiulo, 55, has had amblyopia                  commercial vehicle.’’ Mr. Graham
                                              in his left eye since birth. The visual                 reported that he has driven straight                   Acquillious Jackson III
                                              acuity in his right eye is 20/20, and in                trucks for three years, accumulating
                                              his left eye, 20/50. Following an                                                                                Mr. Jackson, 61, has had aphakia and
                                                                                                      6,000 miles. He holds an operator’s
                                              examination in 2014, his                                                                                       corneal scarring resulting in amblyopia
                                                                                                      license from Tennessee. His driving
                                              ophthalmologist stated, ‘‘I certify that in                                                                    in his left eye since childhood. The
                                                                                                      record for the last 3 years shows no
                                              my medical opinion, patient William                                                                            visual acuity in his right eye is 20/15,
                                                                                                      crashes and no convictions for moving
                                              Gargiulo has sufficient vision to perform                                                                      and in his left eye, counting fingers.
                                                                                                      violations in a CMV.
                                              the driving tasks required to operate a                                                                        Following an examination in 2014, his
                                              commercial vehicle.’’ Mr. Gargiulo                      Mark Grenier                                           ophthalmologist stated, ‘‘In my medical
                                              reported that he has driven straight                       Mr. Grenier, 52, has a prosthetic right             opinion Mr. Jackson has sufficient
                                              trucks for 6.5 years, accumulating                      eye due to a traumatic incident in 1988.               vision to perform the driving tasks
                                              65,000 miles. He holds an operator’s                    The visual acuity in his right eye is no               required to operate a commercial
                                              license from Ohio. His driving record                   light perception, and in his left eye, 20/             vehicle.’’ Mr. Jackson reported that he
                                              for the last 3 years shows one crash, for               20. Following an examination in 2014,                  has driven buses for 37 years,
                                              which he was not cited and to which he                  his optometrist stated, ‘‘It is my medical             accumulating 588,744 miles. He holds a
                                              did not contribute, and one conviction                  opinion that Mr. Grenier has sufficient                Class B CDL from South Carolina. His
                                              for a moving violation in a CMV; he                     vision in his left eye to operate a                    driving record for the last 3 years shows
                                              exceeded the speed limit by 15 mph.                     commercial vehicle.’’                                  no crashes and no convictions for
                                                                                                         Mr. Grenier reported that he has                    moving violations in a CMV.
                                              Wladyslaw Gogola
                                                                                                      driven straight trucks for 20 years,                   Jimmy D. Johnson II
                                                 Mr. Gogola, 45, has had amblyopia in                 accumulating 500,000 miles, and
                                              his left eye since childhood. The visual                tractor-trailer combinations for 20 years,               Mr. Johnson, 43, has had amblyopia
                                              acuity in his right eye is 20/20, and in                accumulating 300,000 miles. He holds a                 in his right eye since birth. The visual
                                              his left eye, 20/200. Following an                      Class A CDL from Connecticut. His                      acuity in his right eye is 20/60, and in
                                              examination in 2014, his                                driving record for the last 3 years shows              his left eye, 20/20. Following an
                                              ophthalmologist stated, ‘‘With a normal                 no crashes and no convictions for                      examination in 2015, his optometrist
                                              kinetic peripheral field in each eye and                moving violations in a CMV.                            stated, ‘‘In summary, Mr. Johnson is
                                              normal color vision he has sufficient                                                                          well adapted to his long-standing
                                              vision to perform the driving tasks                     Jay R. Hendricks                                       amblyopia and, in my medical opinion,
                                              required to operate a commercial                          Mr. Hendricks, 53, has had amblyopia                 has sufficient vision to perform the
                                              vehicle.’’ Mr. Gogola reported that he                  in his right eye since birth. The visual               driving tasks required to operate a
                                              has driven straight trucks for five years,              acuity in his right eye is 20/100, and in              commercial vehicle.’’ Mr. Johnson
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                                              accumulating 250,000 miles, and                         his left eye, 20/20. Following an                      reported that he has driven straight
                                              tractor-trailer combinations for nine                   examination in 2015, his optometrist                   trucks for 25 years, accumulating
                                              years, accumulating 765,000 miles. He                   stated, ‘‘Yes, Mr. Hendricks has                       107,500 miles, and tractor-trailer
                                              holds a Class A CDL from Illinois. His                  sufficient vision to perform the driving               combinations for 15 years, accumulating
                                              driving record for the last 3 years shows               tasks required to operate a commercial                 162,000 miles. He holds a Class AM
                                              two crashes, for which he was not cited                 vehicle.’’ Mr. Hendricks reported that he              CDL from Tennessee. His driving record
                                              and to which he did not contribute, and                 has driven tractor-trailer combinations                for the last 3 years shows no crashes and


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                                              35702                          Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices

                                              no convictions for moving violations in                 perimetry ordered 11–2014, >160                        tractor-trailer combinations for 12.5
                                              a CMV.                                                  degrees of horizontal peripheral vision                years, accumulating 1.1 million miles.
                                                                                                      . . . In my opinion, it is safe for him to             He holds a Class A CDL from Oregon.
                                              Bradley J. Kearl
                                                                                                      drive a commercial vehicle [sic].’’ Mr.                His driving record for the last 3 years
                                                 Mr. Kearl, 45, has had congenital                    McGowan reported that he has driven                    shows no crashes and no convictions for
                                              glaucoma in his left eye since birth. The               straight trucks for 39 years,                          moving violations in a CMV.
                                              visual acuity in his right eye is 20/25,                accumulating 585,000 miles, and
                                              and in his left eye, 20/400. Following an                                                                      Mark A. Pleskovitch
                                                                                                      tractor-trailer combinations for 39 years,
                                              examination in 2015, his                                accumulating 1.95 million miles. He                       Mr. Pleskovitch, 59, has complete loss
                                              ophthalmologist stated, ‘‘In my opinion,                holds a Class A CDL from Ohio. His                     of vision in his right eye due to a
                                              he has sufficient vision to continue                    driving record for the last 3 years shows              traumatic incident during childhood.
                                              performing the tasks necessary to                       no crashes and no convictions for                      The visual acuity in his right eye is no
                                              operate a commercial vehicle.’’ Mr.                     moving violations in a CMV.                            light perception, and in his left eye, 20/
                                              Kearl reported that he has driven                                                                              20. Following an examination in 2015,
                                              straight trucks for 21 years,                           James R. Milliken                                      his optometrist stated, ‘‘Pt. [sic] Mark
                                              accumulating 10,000 miles, and tractor-                    Mr. Milliken, 64, has had a retinal                 Pleskovitch has enough vision in his left
                                              trailer combinations for 10 years,                      detachment in his left eye since 1980.                 eye to operate commercial vehical [sic]
                                              accumulating 10,000 miles. He holds a                   The visual acuity in his right eye is 20/              to my knowledge upon examining his
                                              Class A CDL from Utah. His driving                      15, and in his left eye, light perception.             left eye. But, In the end-decision to be
                                              record for the last 3 years shows no                    Following an examination in 2015, his                  made by dept. of transportation.’’ Mr.
                                              crashes and no convictions for moving                   optometrist stated, ‘‘I certify that in my             Pleskovitch reported that he has driven
                                              violations in a CMV.                                    medical opinion James R. Milliken has                  tractor-trailer combinations for 32 years,
                                                                                                      sufficient vision to perform the driving               accumulating 2.24 million miles. He
                                              Larry G. Kreke                                          tasks required to operate a commercial                 holds a Class A CDL from Illinois. His
                                                 Mr. Kreke, 61, has complete loss of                  vehicle.’’ Mr. Milliken reported that he               driving record for the last 3 years shows
                                              vision in his left eye due to a traumatic               has driven straight trucks for 10.5 years,             no crashes and no convictions for
                                              incident during childhood. The visual                   accumulating 372,750 miles, and                        moving violations in a CMV.
                                              acuity in his right eye is 20/20, and in                tractor-trailer combinations for 5.5
                                              his left eye, no light perception.                      years, accumulating 115,500 miles. He                  Edward J. Puto
                                              Following an examination in 2015, his                   holds a Class A CDL from Colorado. His                    Mr. Puto, 54, has an optic nerve injury
                                              optometrist stated, ‘‘Larry Kreke is a 61               driving record for the last 3 years shows              in his right eye due to a traumatic
                                              year old commercial vehicle operator                    one crash, for which he was not cited                  incident during childhood. The visual
                                              . . . It is my clinical impression that                 and to which he did not contribute, and                acuity in his right eye is light
                                              Mr. Kreke can operate the                               no convictions for moving violations in                perception, and in his left eye, 20/20.
                                              aforementioned machinery as needed                      a CMV.                                                 Following an examination in 2015, his
                                              without visual restrictions.’’ Mr. Kreke                                                                       optometrist stated, ‘‘Patient had eye
                                                                                                      Christopher P. Mroczka
                                              reported that he has driven straight                                                                           injury to Right Eye [sic] . . . With
                                              trucks for 38 years, accumulating 1.7                      Mr. Mroczka, 26, has had refractive                 correction on may safely operate a
                                              million miles. He holds a Class AM CDL                  amblyopia in his right eye since                       commercial motor vehicle.’’ Mr. Puto
                                              from Illinois. His driving record for the               childhood. The visual acuity in his right              reported that he has driven straight
                                              last 3 years shows no crashes and no                    eye is 20/80, and in his left eye, 20/20.              trucks for three years, accumulating
                                              convictions for moving violations in a                  Following an examination in 2015, his                  75,000 miles, and tractor-trailer
                                              CMV.                                                    optometrist stated, ‘‘I have no doubt that             combinations for 30 years, accumulating
                                                                                                      Mr. Mroczka’s vision is suitable to                    900,000 miles. He holds a Class A CDL
                                              Richard A. Lemke                                        operate a commercial vehicle.’’ Mr.                    from Connecticut. His driving record for
                                                 Mr. Lemke, 64, has had amblyopia in                  Mroczka reported that he has driven                    the last 3 years shows no crashes and no
                                              his left eye since childhood. The visual                straight trucks for 3.5 years,                         convictions for moving violations in a
                                              acuity in his right eye is 20/20, and in                accumulating 350,000 miles, and                        CMV.
                                              his left eye, 20/50. Following an                       tractor-trailer combinations for two
                                              examination in 2015, his optometrist                    years, accumulating 600 miles. He holds                Andrew Risner
                                              stated, ‘‘I certify that in my medical                  an operator’s license from Maryland.                      Mr. Risner, 26, has had amblyopia in
                                              opinion, Mr Lemke [sic] has sufficient                  His driving record for the last 3 years                his left eye since birth. The visual acuity
                                              vision to operate a commercial vehicle.’’               shows no crashes and no convictions for                in his right eye is 20/20, and in his left
                                              Mr. Lemke reported that he has driven                   moving violations in a CMV.                            eye, 20/200. Following an examination
                                              straight trucks for 25 years,                                                                                  in 2014, his optometrist stated, ‘‘Pt [sic]
                                                                                                      Gary A. Oster, Jr.
                                              accumulating 250,000 miles. He holds                                                                           demonstrates sufficient vision for
                                              an operator’s license from Wisconsin.                      Mr. Oster, 52, has a total cataract with            commercial vehicle operation.’’ Mr.
                                              His driving record for the last 3 years                 iris synechia in his right eye due to a                Risner reported that he has driven
                                              shows no crashes and no convictions for                 traumatic incident during childhood.                   straight trucks for 6 years, accumulating
                                              moving violations in a CMV.                             The visual acuity in his right eye is no               150,000 miles. He holds an operator’s
                                                                                                      light perception, and in his left eye, 20/             license from Ohio. His driving record
                                              Lawrence McGowan                                        20. Following an examination in 2015,                  for the last 3 years shows no crashes and
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                                                 Mr. McGowan, 60, has had                             his optometrist stated, ‘‘In my opinion                one conviction for a moving violation in
                                              staphyloma with optic atrophy in his                    Gary A. Oster has sufficient vision to                 a CMV; he exceeded the speed limit by
                                              left eye since childhood. The visual                    perform all driving tasks required to                  16 mph.
                                              acuity in his right eye is 20/30, and in                operate a commercial vehicle.’’ Mr.
                                              his left eye, counting fingers. Following               Oster reported that he has driven                      Kyle B. Sharp
                                              an examination in 2014, his                             straight trucks for three years,                         Mr. Sharp, 36, has had complete loss
                                              ophthalmologist stated, ‘‘Formal HVF                    accumulating 112,500 miles, and                        of vision in his right eye since 2011 due


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                                                                             Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices                                                   35703

                                              to Neisseria meningitis. The visual                     and in his left eye, 20/200. Following an              comments by mail or hand delivery,
                                              acuity in his right eye is 20/20, and in                examination in 2015, his optometrist                   submit them in an unbound format, no
                                              his left eye, no light perception.                      stated, ‘‘In my opinion, Mr. Treece has                larger than 81⁄2 by 11 inches, suitable for
                                              Following an examination in 2014, his                   proven historically his ability to operate             copying and electronic filing. If you
                                              optometrist stated, ‘‘It is my                          a commercial vehicle and also                          submit comments by mail and would
                                              understanding that Mr. Kyle Sharp                       demonstrates sufficient vision to                      like to know that they reached the
                                              presently operates a commercial                         perform the driving tasks required to                  facility, please enclose a stamped, self-
                                              vehicle. . . I found no evidence at his                 operate a commercial vehicle.’’ Mr.                    addressed postcard or envelope.
                                              vision exam of a progressive type of                    Treece reported that he has driven                        FMCSA will consider all comments
                                              ocular condition that would adversely                   straight trucks for 3 years, accumulating              and material received during the
                                              effect [sic] his current vision status or               1,500 miles, and tractor-trailer                       comment period and may change this
                                              performance.’’ Mr. Sharp reported that                  combinations for 17 years, accumulating                notice based on your comments.
                                              he has driven straight trucks for 15                    476,000 miles. He holds a Class AM                     Viewing Comments and Documents
                                              years, accumulating 150,000 miles, and                  CDL from Illinois. His driving record for
                                              tractor-trailer combinations for 15 years,              the last 3 years shows no crashes and no                  To view comments, as well as
                                              accumulating 75,000 miles. He holds a                   convictions for moving violations in a                 documents mentioned in this preamble
                                              Class CA CDL from Michigan. His                         CMV.                                                   as being available in the docket, go to
                                              driving record for the last 3 years shows                                                                      http://www.regulations.gov and insert
                                                                                                      Jeff L. Wheeler                                        the docket number FMCSA–2015–0052
                                              no crashes and no convictions for
                                              moving violations in a CMV.                                Mr. Wheeler, 50, has had amblyopia                  in the ‘‘Keyword’’ box and click
                                                                                                      in his left eye since birth. The visual                ‘‘Search.’’ Next, click ‘‘Open Docket
                                              Francis A. St. Pierre                                   acuity in his right eye is 20/20, and in               Folder’’ button and choose the
                                                 Mr. St. Pierre, 51, has had amblyopia                his left eye, 20/50. Following an                      document listed to review. If you do not
                                              in his left eye since birth. The visual                 examination in 2015, his optometrist                   have access to the Internet, you may
                                              acuity in his right eye is 20/20, and in                stated, ‘‘I feel that Mr. Wheeler has                  view the docket online by visiting the
                                              his left eye, counting fingers. Following               adequate vision to operate a commercial                Docket Management Facility in Room
                                              an examination in 2014, his optometrist                 vehicle and has been doing so for a                    W12–140 on the ground floor of the
                                              stated, ‘‘It is my medical opinion that                 number of years.’’ Mr. Wheeler reported                DOT West Building, 1200 New Jersey
                                              Mr. St. Pierre has sufficient vision to                 that he has driven tractor-trailer                     Avenue SE., Washington, DC 20590,
                                              operate a vehicle, commercial or                        combinations for 25 years, accumulating                between 9 a.m. and 5 p.m., e.t., Monday
                                              otherwise, as his condition is congenital               2.5 million miles. He holds a Class A                  through Friday, except Federal holidays.
                                              and he has adapted to using his right                   CDL from Iowa. His driving record for                    Issued on: June 9, 2015.
                                              eye for his good central vision while                   the last 3 years shows no crashes and no               Larry W. Minor,
                                              using both eyes for his peripheral                      convictions for moving violations in a                 Associate Administrator for Policy.
                                              vision.’’ Mr. St. Pierre reported that he               CMV.                                                   [FR Doc. 2015–15208 Filed 6–19–15; 8:45 am]
                                              has driven straight trucks for 30 years,
                                              accumulating 420,000 miles, and                         III. Public Participation and Request for              BILLING CODE 4910–EX–P

                                              tractor-trailer combinations for 22 years,              Comments
                                              accumulating 242,000 miles. He holds a                     FMCSA encourages you to participate
                                                                                                                                                             DEPARTMENT OF TRANSPORTATION
                                              Class AMC CDL from New Hampshire.                       by submitting comments and related
                                              His driving record for the last 3 years                 materials.                                             Federal Motor Carrier Safety
                                              shows no crashes and no convictions for                 Submitting Comments                                    Administration
                                              moving violations in a CMV.
                                                                                                         If you submit a comment, please                     [Docket No. FMCSA–2012–0370]
                                              Sukru Tamirci                                           include the docket number for this
                                                                                                      notice, indicate the specific section of               Hours of Service of Drivers: U.S.
                                                 Mr. Tamirci, 50, has a cataract,
                                                                                                      this document to which each comment                    Department of Energy (DOE);
                                              mydriasis, and posterior senechiae in
                                                                                                      applies, and provide a reason for each                 Application for Renewal of Exemption
                                              his right eye due to a traumatic incident
                                              in 1994. The visual acuity in his right                 suggestion or recommendation. You                      AGENCY:  Federal Motor Carrier Safety
                                              eye is hand motion, and in his left eye,                may submit your comments and                           Administration (FMCSA), DOT.
                                              20/20. Following an examination in                      material online or by fax, mail, or hand               ACTION: Notice of final disposition; grant
                                              2014, his ophthalmologist stated, ‘‘In                  delivery, but please use only one of                   of application for exemption.
                                              my medical opinion, he has sufficient                   these means. FMCSA recommends that
                                              vision to perform the driving tasks                     you include your name and a mailing                    SUMMARY:   FMCSA announces its
                                              required to operate a commercial                        address, an email address, or a phone                  decision to grant the U.S. Department of
                                              vehicle.’’ Mr. Tamirci reported that he                 number in the body of your document                    Energy’s (DOE) request for a renewal of
                                              has driven straight trucks for three                    so the Agency can contact you if it has                its exemption from the minimum 30-
                                              years, accumulating 504,000 miles, and                  questions regarding your submission.                   minute rest break provision of the
                                              buses for seven years, accumulating                        To submit your comment online, go to                Agency’s hours-of-service (HOS)
                                              910,000 miles. He holds an operator’s                   http://www.regulations.gov and put the                 regulations for commercial motor
                                              license from New York. His driving                      docket number FMCSA–2015–0052 in                       vehicle (CMV) drivers. The exemption
                                              record for the last 3 years shows no                    the ‘‘Keyword’’ box, and click ‘‘Search.               will enable DOE’s contract motor
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                                              crashes and no convictions for moving                   When the new screen appears, click on                  carriers and their employee-drivers
                                              violations in a CMV.                                    ‘‘Comment Now!’’ button and type your                  transporting security-sensitive
                                                                                                      comment into the text box in the                       radioactive materials to be treated the
                                              George F. Treece                                        following screen. Choose whether you                   same as drivers transporting explosives.
                                                Mr. Treece, 59, has had a retinal scar                are submitting your comment as an                      The exempted drivers will be allowed to
                                              in his left eye since childhood. The                    individual or on behalf of a third party               use 30 minutes or more of on-duty
                                              visual acuity in his right eye is 20/20,                and then submit. . If you submit your                  ‘‘attendance time’’ to meet the HOS rest


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Document Created: 2018-02-22 11:13:48
Document Modified: 2018-02-22 11:13:48
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 July 22, 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 35699 

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