80 FR 40122 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 133 (July 13, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 133 (July 13, 2015)
| Page Range | 40122-40125 | |
| FR Document | 2015-17021 |
[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)] [Notices] [Pages 40122-40125] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17021] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0053] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 27 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce. DATES: Comments must be received on or before August 12, 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-2015-0053 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366- 9826. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' FMCSA can renew exemptions at the end of each 2-year period. The 27 individuals listed in this notice have each requested such an exemption from the vision requirement in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting an exemption will achieve the required level of safety mandated by statute. II. Qualifications of Applicants Joel D. Barchard Mr. Barchard, 48, has had esotropia with amblyopia in his right eye since birth. The visual acuity in his right eye is 20/150, and in his left eye, 20/20. Following an examination in 2015, his optometrist stated, ``I believe that he has sufficient vision to perform the driving tasks required to operate a commercial vehicle at this time.'' Mr. Barchard reported that he has driven tractor-trailer combinations for 13 years, accumulating 650,000 miles. He holds a Class A CDL from Massachusetts. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Homer L. Butler Mr. Butler, 65, has had strabismic 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 optometrist stated, ``With his glasses, [[Page 40123]] his vision is sufficient to drive and to operate a commercial vehicle.'' Mr. Butler reported that he has driven straight trucks for 40 years, accumulating 80,000 miles, tractor-trailer combinations for 49 years, accumulating 735,000 miles, and buses for 48 years, accumulating 48,000 miles. He holds a Class AM CDL from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. William D. Cherry Mr. Cherry, 51, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/ 200. Following an examination in 2015, his optometrist stated, ``In my opinion, provided that Mr. Cherry wears proper spectacle correction, he has sufficient vision to perform the driving tasks required to operate commercial vehicles.'' Mr. Cherry reported that he has driven straight trucks for nine years, accumulating 342,000 miles. He holds a Class B CDL from Massachusetts. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Thomas W. Chism Mr. Chism, 53, has aphakia and a torn iris in his right eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/70, and in his left eye, 20/20. Following an examination in 2014, his optometrist stated, ``In my medical opinion, Thomas W. Chism has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Chism reported that he has driven straight trucks for 34 years, accumulating 51,000 miles, tractor-trailer combinations for 34 years, accumulating 17,000 miles, and buses for 10 years, accumulating 7,500 miles. He holds a Class A CDL from Kansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Pedro Del Bosque Mr. Del Bosque, 61, has been farsighted in his left eye since birth. The visual acuity in his right eye is 20/25, and in his left eye, 20/80. Following an examination in 2015, his optometrist stated, ``In my opinion thee [sic] are no restrictions on his vision on either eye which would impair his ability to drive a commercial vehicle safely.'' Mr. Del Bosque reported that he has driven tractor-trailer combinations for 35 years, accumulating 4.2 million miles. He holds a Class AM CDL from Texas. 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. Anthony C. DeNaples Mr. DeNaples, 34, has complete loss of vision in his right eye due to a traumatic incident in 2004. 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, this field of vision and the visual acuity Anthony possess in the left eye would give him no reason not to be able to operate a commercial vehicle.'' Mr. DeNaples reported that he has driven straight trucks for 17 years, accumulating 170,000 miles, and tractor-trailer combinations for 17 years, accumulating 170,000 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. Michael R. Doerr Mr. Doerr, 33, has had keratoconnus in his left eye since 2003. 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, ``It is my medical opinion that Mr. Doerr has the vision sufficient to safely operate a commercial vehicle.'' Mr. Doerr reported that he has driven straight trucks for 10 years, accumulating 200,000 miles. He holds a Class B CDL from Idaho. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Mark J. Dufresne Mr. Dufresne, 58, has complete loss of vision in his left eye due to a traumatic incident in 1982. 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, ``In my opinion, he has sufficient vision in the right eye to perform the driving tasks to operate a commercial vehicle.'' Mr. Dufresne reported that he has driven straight trucks for 29 years, accumulating 45,240 miles, and tractor-trailer combinations for five years, accumulating 500 miles. He holds a Class A MC CDL from New Hampshire. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Edward Dugue III Mr. Dugue, 49, has a prosthetic right eye since 2007 due to central retinal vein occlusion with resulting neovascular glaucoma. 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, ``Based on my evaluation, patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Dugue reported that he has driven straight trucks for 10 years, accumulating 265,000 miles. He holds a Class C CDL from North Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Adoum H. Fadoul Mr. Fadoul, 27, has complete loss of vision in his left eye due to a traumatic incident in 2006. The visual acuity in his right eye is 20/ 20, and in his left eye, no light perception. Following an examination in 2015, his ophthalmologist stated, ``Based on vision in right eye, ability to drive commercial vehicle should be good.'' Mr. Fadoul reported that he has driven straight trucks for three years, accumulating 75,000 miles. He holds a chauffeur's license from Indiana. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Larry R. Hayes, Jr. Mr. Hayes, 44, has no light perception in his left eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2014, his optometrist stated, ``I believe Larry has sufficient vision to safely drive commercial vehicles.'' Mr. Hayes reported that he has driven tractor-trailer combinations for 26 years, accumulating 2.6 million miles. He holds a Class A CDL from Kansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Bradley A. Hetrick Mr. Hetrick, 57, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/400. Following an examination in 2014, his optometrist stated, ``Bradley Hetrick has a history of having a CDL liscense [sic] for over 20 years. Visual acuity corrected is 20/20 OD and J20/400 OS. Color vision with Ischihara 14 plates out of 14. 120 degree visual field testing shows no defects on the horizontal meridian . . . I believe he should be granted a vision waver [sic].'' Mr. Hetrick reported that he has driven straight trucks for 17 years, accumulating 340,000 miles. He holds a Class AM CDL from Pennsylvania. His [[Page 40124]] driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Wayne E. Jakob Mr. Jakob, 56, has had exudative retinopathy in his right eye since 2011 due to Coats' disease. The visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2015, his optometrist stated, ``It is my medical opinion that Mr. Wayne E. Jakob has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Jakob reported that he has driven tractor-trailer combinations for 25 years, accumulating 687,500 miles. He holds a Class A CDL from Illinois. His driving record for the last 3 years shows noo crashes and no convictions for moving violations in a CMV. Michael A. Kimbler Mr. Kimbler, 59, has had central vein occlusion in his right eye since 2009. The visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2015, his optometrist stated, ``In my medical opinion, Michael Kimbler has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Kimbler reported that he has driven straight trucks for 29 years, accumulating 1.11 million miles. He holds a Class C CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Colon W. King Mr. King, 47, has had a corneal scar in his right eye since childhood. The visual acuity in his right eye is 20/100, and in his left eye, 20/20. Following an examination in 2014, his optometrist stated, ``Therefore, it is my medical opinion that Mr. King has sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. King reported that he has driven straight trucks for 12 years, accumulating 576,000 miles, tractor-trailer combinations for 10 years, accumulating 1.14 million miles. He holds a Class A CDL from Maine. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Earney J. Knox Mr. Knox, 48, has complete loss of vision in his right eye due to a traumatic incident in 1995. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2015, his optometrist stated, ``In my opinion, Mr. Knox has exhibited the ability to drive accident free since 1995. His left eye vision is stable without disease process. I see no limitations for Mr. Knox to drive safely in a CMV.'' Mr. Knox reported that he has driven straight trucks for seven years, accumulating 140,000 miles, and tractor-trailer combinations for seven years, accumulating 70,000 miles. He holds a Class A CDL from Missouri. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James R. Leoffler, Jr. Mr. Leoffler, 67, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/30, and in his left eye, 20/200. Following an examination in 2015, his ophthalmologist stated, ``The patient apparently does not qualify for a commercial driver's license because of his longstanding amblyopia on the left, but I feel he should be considered for an exemption since he has a longstanding history of driving commercial vehicles without any problems.'' Mr. Leoffler reported that he has driven straight trucks for 50 years, accumulating four million miles, and tractor-trailer combinations for 20 years, accumulating 20,000 miles. He holds a Class A CDL from Colorado. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Jimmy D. Mannis Mr. Mannis, 49, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/200. Following an examination in 2015, his optometrist stated, ``It is my opinion especially since Mr. Mannis has proven this in the past, he has sufficient vision to operate a commercial vehicle.'' Mr. Mannis reported that he has driven straight trucks for 11 years, accumulating 1,100 miles, and tractor-trailer combinations for 11 years, accumulating 11,000 miles. He holds a Class A CDL from Arkansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. George A. McCue Mr. McCue, 64, has had a prosthetic right eye since childhood due to a benign tumor. 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 the patient meets all the vision guidelines set forth by the DMV to operate a commercial vehicle.'' Mr. McCue reported that he has driven straight trucks for 20 years, accumulating 5.2 million miles. He holds an operator's license from Nevada. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Kevin D. Mendoza Mr. Mendoza, 58, has complete loss of vision in his left eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2015, his optometrist stated, ``Visual perception stable and excellent and new specs mainly for near tasks only and no reason to believe affects CDL driving.'' Mr. Mendoza reported that he has driven straight trucks for 36 years, accumulating 630,000 miles. He holds a Class A CDL from Washington. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James Smentkowski Mr. Smentkowski, 42, has phthisis bulbi secondary to trauma in his right eye due to a traumatic incident in 1995. The visual acuity in his right eye is no light perception, and in his left eye, 20/15. Following an examination in 2015, his optometrist stated, ``His left eye has 20/ 15 vision with out [sic] the need for correction at distance and has demonstrated no restrictions on his commercial vehicle driving ability.'' Mr. Smentkowski reported that he has driven straight trucks for 24 years, accumulating 840,000 miles, and tractor-trailer combinations for 24 years, accumulating 1.2 million miles. He holds a Class A CDL from New Jersey. His driving record for the last 3 years shows one crash, for which he was not cited and to which he did not contribute, and no convictions for moving violations in a CMV. Neil G. Sturges Mr. Sturges, 67, has optic nerve damage in his right eye due to a traumatic incident in 1970. 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, ``Dr. Craig P. Hartnagel, O.D. P.C. fully certifies that Mr. Sturges has sufficient vision in his left eye to perform his duties as an operator of commercial vehicles.'' Mr. Sturges reported that he has driven straight trucks for 32 years, accumulating 720,000 miles. He holds an operator's license from New York. His driving record for the last 3 years [[Page 40125]] shows no crashes and no convictions for moving violations in a CMV. Travis L. Watson Mr. Watson, 68, has had refractive amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/70, and in his left eye, 20/20. Following an examination in 2015, his optometrist stated, ``Mr. Watson has sufficient vision to perform the driving tasks to operate a commercial vehicle.'' Mr. Watson reported that he has driven straight trucks for 45 years, accumulating 675,000 miles, and tractor- trailer combinations for 40 years, accumulating 600,000 miles. He holds a Class A CDL from Tennessee. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Bruce W. Williams Mr. Williams, 49, has had amblyopia and a retinal detachment in his right eye since childhood. The visual acuity in his right eye is 20/ 200, and in his left eye, 20/20. Following an examination in 2015, his ophthalmologist stated, ``Also in my opinion, he does have sufficient vision to perform the driving tasks required to operate a commercial vehicle.'' Mr. Williams reported that he has driven tractor-trailer combinations for 20 years, accumulating 200,000 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. Norman G. Wooten Mr. Wooten, 51, has had complete loss of vision in his right eye since 2007 due to cancer. The visual acuity in his right eye is no light perception, and in his left eye, 20/25. Following an examination in 2015, his optometrist stated, ``There is no reason Mr. Wooten should not be able to perform any visual tasks to include operation of commercial vehicles.'' Mr. Wooten reported that he has driven straight trucks for seven years, accumulating 665,000 miles, and tractor-trailer combinations for 18 years, accumulating 1.97 million 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. Kurt A. Yoder Mr. Yoder, 40, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/100, and in his left eye, 20/ 20. Following an examination in 2015, his optometrist stated, ``Mr. Yoder should have no problems with continuing with his CDL at this time. They amblyopia is longstanding and he has adjusted to it extremely well.'' Mr. Yoder reported that he has driven straight trucks for 13 years, accumulating 494,000 miles, and tractor-trailer combinations for two years, accumulating 156,000 miles. He holds a Class A CDL from Ohio. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. 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-2015-0053 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-2015-0053 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 24, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-17021 Filed 7-10-15; 8:45 am] BILLING CODE 4910-EX-P
![40122 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices
specific on-duty periods used to satisfy the vision requirement in one eye for provides, to www.regulations.gov, as
the rest-break requirement. R&R states various reasons. The exemptions will described in the system of records
that the Department of Defense provides enable these individuals to operate notice (DOT/ALL–14 FDMS), which can
documentation to CMV drivers to alert commercial motor vehicles (CMVs) in be reviewed at www.dot.gov/privacy.
roadside inspectors of surveillance interstate commerce without meeting FOR FURTHER INFORMATION CONTACT:
requirements. the prescribed vision requirement in Charles A. Horan, III, Director, Carrier,
R&R indicates that its three entities one eye. If granted, the exemptions Driver and Vehicle Safety Standards,
operate 255 power units and that 290 would enable these individuals to (202) 366–4001, fmcsamedical@dot.gov,
drivers would be covered by the qualify as drivers of commercial motor FMCSA, Department of Transportation,
exemption. The proposed exemption vehicles (CMVs) in interstate commerce. 1200 New Jersey Avenue SE., Room
would be effective for 2 years, the DATES: Comments must be received on W64–224, Washington, DC 20590–0001.
maximum period allowed by § 381.300. or before August 12, 2015. All Office hours are from 8:30 a.m. to 5
The processing of R&R’s exemption comments will be investigated by p.m., Monday through Friday, except
request had been held in abeyance until FMCSA. The exemptions will be issued Federal holidays. If you have questions
it could be determined whether another the day after the comment period closes. regarding viewing or submitting
exemption request [American Trucking material to the docket, contact Docket
Associations, Inc. (ATA), announced ADDRESSES: You may submit comments
bearing the Federal Docket Management Services, telephone (202) 366–9826.
May 1, 2015 (80 FR 25004)] would make
System (FDMS) Docket No. FMCSA– SUPPLEMENTARY INFORMATION:
the R&R exemption unnecessary if
approved. As requested, the ATA 2015–0053 using any of the following I. Background
exemption was limited to transporters of methods:
certain hazardous materials and did not • Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315,
http://www.regulations.gov. Follow the FMCSA may grant an exemption from
include some of the materials that R&R the Federal Motor Carrier Safety
has requested to be covered by the on-line instructions for submitting
comments. Regulations for a 2-year period if it finds
exemption. Thus, R&R’s request is now
being considered independent of other • Mail: Docket Management Facility; ‘‘such exemption would likely achieve a
U.S. Department of Transportation, 1200 level of safety that is equivalent to or
requests. greater than the level that would be
New Jersey Avenue SE., West Building
Request for Comments Ground Floor, Room W12–140, achieved absent such exemption.’’
In accordance with 49 U.S.C. 31136(e) Washington, DC 20590–0001. FMCSA can renew exemptions at the
and 31315(b)(4), FMCSA requests public • Hand Delivery: West Building end of each 2-year period. The 27
comment on R&R’s application for an Ground Floor, Room W12–140, 1200 individuals listed in this notice have
exemption from certain provisions of 49 New Jersey Avenue SE., Washington, each requested such an exemption from
CFR part 395. The Agency will consider DC, between 9 a.m. and 5 p.m., Monday the vision requirement in 49 CFR
all comments received by close of through Friday, except Federal 391.41(b)(10), which applies to drivers
businesson August 12, 2015. Comments Holidays. of CMVs in interstate commerce.
will be available for examination in the • Fax: 1–202–493–2251. Accordingly, the Agency will evaluate
docket at the location listed under the Instructions: Each submission must the qualifications of each applicant to
ADDRESSES section of this notice. The include the Agency name and the determine whether granting an
Agency will consider to the extent docket numbers for this notice. Note exemption will achieve the required
practicable comments received in the that all comments received will be level of safety mandated by statute.
public docket after the closing date of posted without change to http:// II. Qualifications of Applicants
the comment period. www.regulations.gov, including any
personal information provided. Please Joel D. Barchard
Issued on: July 7, 2015.
see the Privacy Act heading below for Mr. Barchard, 48, has had esotropia
Larry W. Minor, further information. with amblyopia in his right eye since
Associate Administrator for Policy. Docket: For access to the docket to birth. The visual acuity in his right eye
[FR Doc. 2015–17019 Filed 7–10–15; 8:45 am] read background documents or is 20/150, and in his left eye, 20/20.
BILLING CODE 4910–EX–P comments, go to http:// Following an examination in 2015, his
www.regulations.gov at any time or optometrist stated, ‘‘I believe that he has
Room W12–140 on the ground level of sufficient vision to perform the driving
DEPARTMENT OF TRANSPORTATION the West Building, 1200 New Jersey tasks required to operate a commercial
Avenue SE., Washington, DC, between 9 vehicle at this time.’’
Federal Motor Carrier Safety
a.m. and 5 p.m., Monday through Mr. Barchard reported that he has
Administration
Friday, except Federal holidays. The driven tractor-trailer combinations for
[Docket No. FMCSA–2015–0053] FDMS is available 24 hours each day, 13 years, accumulating 650,000 miles.
365 days each year. If you want He holds a Class A CDL from
Qualification of Drivers; Exemption acknowledgment that we received your Massachusetts. His driving record for
Applications; Vision comments, please include a self- the last 3 years shows no crashes and no
AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or convictions for moving violations in a
postcard or print the acknowledgement
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Administration (FMCSA), DOT. CMV.
ACTION: Notice of applications for page that appears after submitting
comments on-line. Homer L. Butler
exemptions; request for comments.
Privacy Act: In accordance with 5 Mr. Butler, 65, has had strabismic
SUMMARY: FMCSA announces receipt of U.S.C. 553(c), DOT solicits comments amblyopia in his left eye since
applications from 27 individuals for from the public to better inform its childhood. The visual acuity in his right
exemption from the vision requirement rulemaking process. DOT posts these eye is 20/20, and in his left eye, 20/400.
in the Federal Motor Carrier Safety comments, without edit, including any Following an examination in 2014, his
Regulations. They are unable to meet personal information the commenter optometrist stated, ‘‘With his glasses,
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![Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices 40123
his vision is sufficient to drive and to one crash, for which he was not cited in his right eye is no light perception,
operate a commercial vehicle.’’ Mr. and to which he did not contribute, and and in his left eye, 20/20. Following an
Butler reported that he has driven no convictions for moving violations in examination in 2014, his optometrist
straight trucks for 40 years, a CMV. stated, ‘‘Based on my evaluation, patient
accumulating 80,000 miles, tractor- has sufficient vision to perform the
Anthony C. DeNaples
trailer combinations for 49 years, driving tasks required to operate a
accumulating 735,000 miles, and buses Mr. DeNaples, 34, has complete loss commercial vehicle.’’ Mr. Dugue
for 48 years, accumulating 48,000 miles. of vision in his right eye due to a reported that he has driven straight
He holds a Class AM CDL from traumatic incident in 2004. The visual trucks for 10 years, accumulating
Pennsylvania. His driving record for the acuity in his right eye is no light 265,000 miles. He holds a Class C CDL
last 3 years shows no crashes and no perception, and in his left eye, 20/20. from North Carolina. His driving record
convictions for moving violations in a Following an examination in 2015, his for the last 3 years shows no crashes and
CMV. optometrist stated, ‘‘In my opinion, this no convictions for moving violations in
field of vision and the visual acuity a CMV.
William D. Cherry Anthony possess in the left eye would
Mr. Cherry, 51, has had amblyopia in give him no reason not to be able to Adoum H. Fadoul
his left eye since childhood. The visual operate a commercial vehicle.’’ Mr. Mr. Fadoul, 27, has complete loss of
acuity in his right eye is 20/20, and in DeNaples reported that he has driven vision in his left eye due to a traumatic
his left eye, 20/200. Following an straight trucks for 17 years, incident in 2006. The visual acuity in
examination in 2015, his optometrist accumulating 170,000 miles, and his right eye is 20/20, and in his left eye,
stated, ‘‘In my opinion, provided that tractor-trailer combinations for 17 years, no light perception. Following an
Mr. Cherry wears proper spectacle accumulating 170,000 miles. He holds a examination in 2015, his
correction, he has sufficient vision to Class A CDL from Pennsylvania. His ophthalmologist stated, ‘‘Based on
perform the driving tasks required to driving record for the last 3 years shows vision in right eye, ability to drive
operate commercial vehicles.’’ Mr. no crashes and no convictions for commercial vehicle should be good.’’
Cherry reported that he has driven moving violations in a CMV. Mr. Fadoul reported that he has
straight trucks for nine years, driven straight trucks for three years,
accumulating 342,000 miles. He holds a Michael R. Doerr accumulating 75,000 miles. He holds a
Class B CDL from Massachusetts. His Mr. Doerr, 33, has had keratoconnus chauffeur’s license from Indiana. His
driving record for the last 3 years shows in his left eye since 2003. The visual driving record for the last 3 years shows
no crashes and no convictions for acuity in his right eye is 20/20, and in no crashes and no convictions for
moving violations in a CMV. his left eye, 20/50. Following an moving violations in a CMV.
examination in 2015, his optometrist
Thomas W. Chism Larry R. Hayes, Jr.
stated, ‘‘It is my medical opinion that
Mr. Chism, 53, has aphakia and a torn Mr. Doerr has the vision sufficient to Mr. Hayes, 44, has no light perception
iris in his right eye due to a traumatic safely operate a commercial vehicle.’’ in his left eye due to a traumatic
incident in childhood. The visual acuity Mr. Doerr reported that he has driven incident in childhood. The visual acuity
in his right eye is 20/70, and in his left straight trucks for 10 years, in his right eye is 20/20, and in his left
eye, 20/20. Following an examination in accumulating 200,000 miles. He holds a eye, no light perception. Following an
2014, his optometrist stated, ‘‘In my Class B CDL from Idaho. His driving examination in 2014, his optometrist
medical opinion, Thomas W. Chism has record for the last 3 years shows no stated, ‘‘I believe Larry has sufficient
sufficient vision to perform the driving crashes and no convictions for moving vision to safely drive commercial
tasks required to operate a commercial violations in a CMV. vehicles.’’ Mr. Hayes reported that he
vehicle.’’ Mr. Chism reported that he has driven tractor-trailer combinations
has driven straight trucks for 34 years, Mark J. Dufresne for 26 years, accumulating 2.6 million
accumulating 51,000 miles, tractor- Mr. Dufresne, 58, has complete loss of miles. He holds a Class A CDL from
trailer combinations for 34 years, vision in his left eye due to a traumatic Kansas. His driving record for the last 3
accumulating 17,000 miles, and buses incident in 1982. The visual acuity in years shows no crashes and no
for 10 years, accumulating 7,500 miles. his right eye is 20/20, and in his left eye, convictions for moving violations in a
He holds a Class A CDL from Kansas. no light perception. Following an CMV.
His driving record for the last 3 years examination in 2015, his optometrist
stated, ‘‘In my opinion, he has sufficient Bradley A. Hetrick
shows no crashes and no convictions for
moving violations in a CMV. vision in the right eye to perform the Mr. Hetrick, 57, has had amblyopia in
driving tasks to operate a commercial his left eye since birth. The visual acuity
Pedro Del Bosque in his right eye is 20/20, and in his left
vehicle.’’ Mr. Dufresne reported that he
Mr. Del Bosque, 61, has been has driven straight trucks for 29 years, eye, 20/400. Following an examination
farsighted in his left eye since birth. The accumulating 45,240 miles, and tractor- in 2014, his optometrist stated, ‘‘Bradley
visual acuity in his right eye is 20/25, trailer combinations for five years, Hetrick has a history of having a CDL
and in his left eye, 20/80. Following an accumulating 500 miles. He holds a liscense [sic] for over 20 years. Visual
examination in 2015, his optometrist Class A MC CDL from New Hampshire. acuity corrected is 20/20 OD and J20/
stated, ‘‘In my opinion thee [sic] are no 400 OS. Color vision with Ischihara 14
asabaliauskas on DSK5VPTVN1PROD with NOTICES
His driving record for the last 3 years
restrictions on his vision on either eye shows no crashes and no convictions for plates out of 14. 120 degree visual field
which would impair his ability to drive moving violations in a CMV. testing shows no defects on the
a commercial vehicle safely.’’ Mr. Del horizontal meridian . . . I believe he
Bosque reported that he has driven Edward Dugue III should be granted a vision waver [sic].’’
tractor-trailer combinations for 35 years, Mr. Dugue, 49, has a prosthetic right Mr. Hetrick reported that he has
accumulating 4.2 million miles. He eye since 2007 due to central retinal driven straight trucks for 17 years,
holds a Class AM CDL from Texas. His vein occlusion with resulting accumulating 340,000 miles. He holds a
driving record for the last 3 years shows neovascular glaucoma. The visual acuity Class AM CDL from Pennsylvania. His
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![40124 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices
driving record for the last 3 years shows stated, ‘‘In my opinion, Mr. Knox has straight trucks for 20 years,
no crashes and no convictions for exhibited the ability to drive accident accumulating 5.2 million miles. He
moving violations in a CMV. free since 1995. His left eye vision is holds an operator’s license from
stable without disease process. I see no Nevada. His driving record for the last
Wayne E. Jakob
limitations for Mr. Knox to drive safely 3 years shows no crashes and no
Mr. Jakob, 56, has had exudative in a CMV.’’ Mr. Knox reported that he convictions for moving violations in a
retinopathy in his right eye since 2011 has driven straight trucks for seven CMV.
due to Coats’ disease. The visual acuity years, accumulating 140,000 miles, and
in his right eye is hand motion, and in tractor-trailer combinations for seven Kevin D. Mendoza
his left eye, 20/20. Following an years, accumulating 70,000 miles. He Mr. Mendoza, 58, has complete loss of
examination in 2015, his optometrist holds a Class A CDL from Missouri. His vision in his left eye due to a traumatic
stated, ‘‘It is my medical opinion that driving record for the last 3 years shows incident in childhood. The visual acuity
Mr. Wayne E. Jakob has sufficient vision no crashes and no convictions for in his right eye is 20/20, and in his left
to perform the driving tasks required to moving violations in a CMV. eye, no light perception. Following an
operate a commercial vehicle.’’ Mr. examination in 2015, his optometrist
James R. Leoffler, Jr.
Jakob reported that he has driven stated, ‘‘Visual perception stable and
tractor-trailer combinations for 25 years, Mr. Leoffler, 67, has had amblyopia in excellent and new specs mainly for near
accumulating 687,500 miles. He holds a his left eye since childhood. The visual tasks only and no reason to believe
Class A CDL from Illinois. His driving acuity in his right eye is 20/30, and in affects CDL driving.’’ Mr. Mendoza
record for the last 3 years shows noo his left eye, 20/200. Following an reported that he has driven straight
crashes and no convictions for moving examination in 2015, his trucks for 36 years, accumulating
violations in a CMV. ophthalmologist stated, ‘‘The patient 630,000 miles. He holds a Class A CDL
apparently does not qualify for a from Washington. His driving record for
Michael A. Kimbler commercial driver’s license because of the last 3 years shows no crashes and no
Mr. Kimbler, 59, has had central vein his longstanding amblyopia on the left, convictions for moving violations in a
occlusion in his right eye since 2009. but I feel he should be considered for an CMV.
The visual acuity in his right eye is exemption since he has a longstanding
hand motion, and in his left eye, 20/20. history of driving commercial vehicles James Smentkowski
Following an examination in 2015, his without any problems.’’ Mr. Leoffler Mr. Smentkowski, 42, has phthisis
optometrist stated, ‘‘In my medical reported that he has driven straight bulbi secondary to trauma in his right
opinion, trucks for 50 years, accumulating four eye due to a traumatic incident in 1995.
Michael Kimbler has sufficient vision million miles, and tractor-trailer The visual acuity in his right eye is no
to perform the driving tasks required to combinations for 20 years, accumulating light perception, and in his left eye, 20/
operate a commercial vehicle.’’ Mr. 20,000 miles. He holds a Class A CDL 15. Following an examination in 2015,
Kimbler reported that he has driven from Colorado. His driving record for his optometrist stated, ‘‘His left eye has
straight trucks for 29 years, the last 3 years shows no crashes and no 20/15 vision with out [sic] the need for
accumulating 1.11 million miles. He convictions for moving violations in a correction at distance and has
holds a Class C CDL from Texas. His CMV. demonstrated no restrictions on his
driving record for the last 3 years shows commercial vehicle driving ability.’’
Jimmy D. Mannis
no crashes and no convictions for
Mr. Mannis, 49, has had amblyopia in Mr. Smentkowski reported that he has
moving violations in a CMV.
his left eye since birth. The visual acuity driven straight trucks for 24 years,
Colon W. King in his right eye is 20/20, and in his left accumulating 840,000 miles, and
Mr. King, 47, has had a corneal scar eye, 20/200. Following an examination tractor-trailer combinations for 24 years,
in his right eye since childhood. The in 2015, his optometrist stated, ‘‘It is my accumulating 1.2 million miles. He
visual acuity in his right eye is 20/100, opinion especially since Mr. Mannis has holds a Class A CDL from New Jersey.
and in his left eye, 20/20. Following an proven this in the past, he has sufficient His driving record for the last 3 years
examination in 2014, his optometrist vision to operate a commercial vehicle.’’ shows one crash, for which he was not
stated, ‘‘Therefore, it is my medical Mr. Mannis reported that he has driven cited and to which he did not
opinion that Mr. King has sufficient straight trucks for 11 years, contribute, and no convictions for
vision to perform the driving tasks accumulating 1,100 miles, and tractor- moving violations in a CMV.
required to operate a commercial trailer combinations for 11 years, Neil G. Sturges
vehicle.’’ Mr. King reported that he has accumulating 11,000 miles. He holds a
driven straight trucks for 12 years, Class A CDL from Arkansas. His driving Mr. Sturges, 67, has optic nerve
accumulating 576,000 miles, tractor- record for the last 3 years shows no damage in his right eye due to a
trailer combinations for 10 years, crashes and no convictions for moving traumatic incident in 1970. The visual
accumulating 1.14 million miles. He violations in a CMV. acuity in his right eye is light
holds a Class A CDL from Maine. His perception, and in his left eye, 20/20.
George A. McCue Following an examination in 2015, his
driving record for the last 3 years shows
no crashes and no convictions for Mr. McCue, 64, has had a prosthetic optometrist stated,
right eye since childhood due to a ‘‘Dr. Craig P. Hartnagel, O.D. P.C. fully
asabaliauskas on DSK5VPTVN1PROD with NOTICES
moving violations in a CMV.
benign tumor. The visual acuity in his certifies that Mr. Sturges has sufficient
Earney J. Knox right eye is no light perception, and in vision in his left eye to perform his
Mr. Knox, 48, has complete loss of his left eye, 20/20. Following an duties as an operator of commercial
vision in his right eye due to a traumatic examination in 2015, his optometrist vehicles.’’ Mr. Sturges reported that he
incident in 1995. The visual acuity in stated, ‘‘In my opinion the patient meets has driven straight trucks for 32 years,
his right eye is no light perception, and all the vision guidelines set forth by the accumulating 720,000 miles. He holds
in his left eye, 20/20. Following an DMV to operate a commercial vehicle.’’ an operator’s license from New York.
examination in 2015, his optometrist Mr. McCue reported that he has driven His driving record for the last 3 years
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![Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices 40125
shows no crashes and no convictions for problems with continuing with his CDL have access to the Internet, you may
moving violations in a CMV. at this time. They amblyopia is view the docket online by visiting the
longstanding and he has adjusted to it Docket Management Facility in Room
Travis L. Watson
extremely well.’’ Mr. Yoder reported W12–140 on the ground floor of the
Mr. Watson, 68, has had refractive that he has driven straight trucks for 13 DOT West Building, 1200 New Jersey
amblyopia in his right eye since years, accumulating 494,000 miles, and Avenue SE., Washington, DC 20590,
childhood. The visual acuity in his right tractor-trailer combinations for two between 9 a.m. and 5 p.m., e.t., Monday
eye is 20/70, and in his left eye, 20/20. years, accumulating 156,000 miles. He through Friday, except Federal holidays.
Following an examination in 2015, his holds a Class A CDL from Ohio. His Issued on: June 24, 2015.
optometrist stated, ‘‘Mr. Watson has driving record for the last 3 years shows
sufficient vision to perform the driving Larry W. Minor,
no crashes and no convictions for
tasks to operate a commercial vehicle.’’ Associate Administrator for Policy.
moving violations in a CMV.
Mr. Watson reported that he has driven [FR Doc. 2015–17021 Filed 7–10–15; 8:45 am]
straight trucks for 45 years, III. Public Participation and Request for BILLING CODE 4910–EX–P
accumulating 675,000 miles, and Comments
tractor-trailer combinations for 40 years, FMCSA encourages you to participate
accumulating 600,000 miles. He holds a by submitting comments and related DEPARTMENT OF TRANSPORTATION
Class A CDL from Tennessee. His materials.
Federal Motor Carrier Safety
driving record for the last 3 years shows Submitting Comments Administration
no crashes and no convictions for
moving violations in a CMV. If you submit a comment, please [Docket No. FMCSA–2014–0385]
include the docket number for this
Bruce W. Williams notice, indicate the specific section of Qualification of Drivers; Application for
Mr. Williams, 49, has had amblyopia this document to which each comment Exemptions; Hearing
and a retinal detachment in his right eye applies, and provide a reason for each
suggestion or recommendation. You AGENCY: Federal Motor Carrier Safety
since childhood. The visual acuity in
may submit your comments and Administration (FMCSA), DOT.
his right eye is 20/200, and in his left
eye, 20/20. Following an examination in material online or by fax, mail, or hand ACTION: Notice of applications for
2015, his ophthalmologist stated, ‘‘Also delivery, but please use only one of exemptions; request for comments.
in my opinion, he does have sufficient these means. FMCSA recommends that SUMMARY: FMCSA announces that 15
vision to perform the driving tasks you include your name and a mailing individuals have applied for a medical
required to operate a commercial address, an email address, or a phone exemption from the hearing requirement
vehicle.’’ Mr. Williams reported that he number in the body of your document in the Federal Motor Carrier Safety
has driven tractor-trailer combinations so the Agency can contact you if it has Regulations (FMCSRs). In accordance
for 20 years, accumulating 200,000 questions regarding your submission. with the statutory requirements
miles. He holds a Class AM CDL from To submit your comment online, go to
concerning applications for exemptions,
Illinois. His driving record for the last http://www.regulations.gov and put the
FMCSA requests public comments on
3 years shows no crashes and no docket number FMCSA–2015–0053 in
these requests. The statute and
convictions for moving violations in a the ‘‘Keyword’’ box, and click ‘‘Search.
implementing regulations concerning
CMV. When the new screen appears, click on
exemptions require that exemptions
‘‘Comment Now!’’ button and type your
Norman G. Wooten must provide an equivalent or greater
comment into the text box in the
Mr. Wooten, 51, has had complete level of safety than if they were not
following screen. Choose whether you
loss of vision in his right eye since 2007 granted. If the Agency determines the
are submitting your comment as an
due to cancer. The visual acuity in his exemptions would satisfy the statutory
individual or on behalf of a third party
right eye is no light perception, and in requirements and decides to grant
and then submit. . If you submit your
his left eye, 20/25. Following an theses requests after reviewing the
comments by mail or hand delivery,
examination in 2015, his optometrist public comments submitted in response
submit them in an unbound format, no
stated, ‘‘There is no reason Mr. Wooten to this notice, the exemptions would
larger than 81⁄2 by 11 inches, suitable for
should not be able to perform any visual enable these 15 individuals to operate
copying and electronic filing. If you
tasks to include operation of CMVs in interstate commerce.
submit comments by mail and would
commercial vehicles.’’ Mr. Wooten like to know that they reached the DATES: Comments must be received on
reported that he has driven straight facility, please enclose a stamped, self- or before August 12, 2015.
trucks for seven years, accumulating addressed postcard or envelope. ADDRESSES: You may submit comments
665,000 miles, and tractor-trailer FMCSA will consider all comments bearing the Federal Docket Management
combinations for 18 years, accumulating and material received during the System (FDMS) Docket No. FMCSA-
1.97 million miles. He holds a Class A comment period and may change this 2014–0385 using any of the following
CDL from Texas. His driving record for notice based on your comments. methods:
the last 3 years shows no crashes and no • Federal eRulemaking Portal: Go to
Viewing Comments and Documents www.regulations.gov. Follow the on-line
convictions for moving violations in a
To view comments, as well as instructions for submitting comments.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
CMV.
documents mentioned in this preamble • Mail: Docket Management Facility;
Kurt A. Yoder as being available in the docket, go to U.S. Department of Transportation, 1200
Mr. Yoder, 40, has had amblyopia in http://www.regulations.gov and insert New Jersey Avenue SE., West Building
his right eye since childhood. The the docket number FMCSA–2015–0053 Ground Floor, Room W12–140,
visual acuity in his right eye is 20/100, in the ‘‘Keyword’’ box and click Washington, DC 20590–0001.
and in his left eye, 20/20. Following an ‘‘Search.’’ Next, click ‘‘Open Docket • Hand Delivery or Courier: West
examination in 2015, his optometrist Folder’’ button and choose the Building Ground Floor, Room W12–140,
stated, ‘‘Mr. Yoder should have no document listed to review. If you do not 1200 New Jersey Avenue SE.,
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Document Created: 2018-02-23 09:17:30
Document Modified: 2018-02-23 09:17:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemptions; request for comments. | |
| Dates | Comments must be received on or before August 12, 2015. All comments will be investigated by FMCSA. The exemptions will be issued the day after the comment period closes. | |
| Contact | Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366- 9826. | |
| FR Citation | 80 FR 40122 |
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