[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Notices]
[Pages 27681-27685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11086]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0005]


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 26 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 June 13, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2014-0005 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: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System (FDMS) published in the Federal Register on January 
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001.

[[Page 27682]]

Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION: 

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 26 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.

Qualifications of Applicants

Lyle R. Bell

    Mr. Bell, 64, has a prosthetic right eye due to a traumatic 
incident in 1994. 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, ``At this point, Lyle has the same vision 
left eye that he has been driving with for the past 10 years. He is 
used to seeing with monocular vision and has learned to compensate for 
his lack of depth perception by using other visual clues [sic]. He has 
sufficient vision in his left eye to perform driving tasks of a 
commercial vehicle, but there is no binocular vision due to only having 
one eye.'' Mr. Bell reported that he has driven straight trucks for 48 
years, accumulating 2.4 million miles, and tractor-trailer combinations 
for 30 years, accumulating 3 million miles. He holds a Class A CDL from 
Nebraska. His driving record for the last 3 years shows no crashes and 
one conviction for a moving violation in a CMV; he failed to yield to a 
traffic signal.

Tracy L. Bowers

    Mr. Bowers, 51, has had a retinal detachment in his right eye since 
2010. The visual acuity in his right eye is 20/80, and in his left eye, 
20/16. Following an examination in 2014, his optometrist stated, 
``Based on these findings, I feel Tracy L. Bowers has the visual 
abilities to continue operating a commercial motor vehicle in 
interstate commerce because the visual loss in his right eye occurred 
more than 3 years ago and has been stable since that time.'' Mr. Bowers 
reported that he has driven straight trucks for 5 years, accumulating 
225,000 miles, and tractor-trailer combinations for 6 years, 
accumulating 36,000 miles. He holds a Class A CDL from Iowa. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Bradley E. Buzzell

    Mr. Buzzell, 51, has had amblyopia in his left eye since 1993. 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, ``I certify 
that Bradley Buzzell has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Buzzell reported that 
he has driven straight trucks for 30 years, accumulating 540,000 miles. 
He holds a Class BMC CDL from New Hampshire. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

William C. Christy

    Mr. Christy, 69, has had acute zonal occult outer retinopathy with 
central scotoma in his right eye since 2005. The visual acuity in his 
right eye is 20/200, and in his left eye, 20/20. Following an 
examination in 2014, his ophthalmologist stated, ``It is my opinion 
based on my exam of Mr. Christy, his visual field testing and his 
driving history that he is safe to drive a commercial vehicle without 
restriction.'' Mr. Christy reported that he has driven straight trucks 
for 48 years, accumulating 48,000 miles, and tractor-trailer 
combinations for 48 years, accumulating 576,000 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.

Gerard J. Cormier

    Mr. Cormier, 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/
400. Following an examination in 2013, his optometrist stated, ``By 
this standard, he meets Massachusetts's standard for a Class D license 
and can be certified to drive the commercial vehicle both in and out of 
Massachusetts without restriction.'' Mr. Cormier reported that he has 
driven straight trucks for 33 years, accumulating 264,000 miles. He 
holds an operator's license from Massachusetts. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Joe T. Gage

    Mr. Gage, 65, has a prosthetic left eye due to a traumatic incident 
during childhood. The visual acuity in his right eye is 20/20, and in 
his left eye, no light perception. Following an examination in 2014, 
his optometrist stated, ``In my opinion, Mr. Gage has shown over the 
years that he has sufficient vision to perform the task required to 
operate a commercial motor vehicle.'' Mr. Gage reported that he has 
driven straight trucks for 47 years, accumulating 14,100 miles, and 
tractor-trailer combinations for 47 years, accumulating 3.05 million 
miles. He holds a Class A CDL from Arkansas. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Hector A. Hernandez

    Mr. Hernandez, 42, has had a corneal transplant in his left eye 
since 2010. The visual acuity in his right eye is 20/20, and in his 
left eye, 20/80. Following an examination in 2014, his ophthalmologist 
stated, ``He has a mild degree of visual impairment which should not 
interfere with his ability to safely operate/drive a commercial 
vehicle.'' Mr. Hernandez reported that he has driven straight trucks 
for 15 years, accumulating 68,250 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.

Rex G. Holladay

    Mr. Holladay, 60, has retina damage 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, 20/400. Following an examination in 2013, his 
optometrist stated, ``I consider Mr. Holladay visually well adapted, 
and has adequate visual function to operate a commercial vehicle.'' Mr. 
Holladay reported that he has driven straight trucks for 35 years, 
accumulating 140,000 miles, and tractor-trailer combinations for 16 
years, accumulating 1.04 million miles. He holds a Class A CDL from 
Arkansas. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Chester E. Jaycox

    Mr. Jaycox, 58, has had a corneal scar in his right eye since 1989. 
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, ``In my 
medical opinion I feel that Chester Jaycox is able to perform driving 
tasks to operate a commercial

[[Page 27683]]

vehicle.'' Mr. Jaycox reported that he has driven straight trucks for 
33 years, accumulating 1.16 million miles, and tractor-trailer 
combinations for 21 years, accumulating 735,000 miles. He holds a Class 
AM CDL from New York. His driving record for the last 3 years shows 1 
crash, for which he was not cited, and no convictions for moving 
violations in a CMV.

Danny J. Johnson

    Mr. Johnson, 51, has had a prosthetic left eye due to a traumatic 
incident in 1988. The visual acuity in his right eye is 20/20, and in 
his left eye, no light perception. Following an examination in 2013, 
his optometrist stated, ``In my opinion Dan has sufficient vision to 
operate a commercial vehicle if it is equipped with adequate mirrors.'' 
Mr. Johnson reported that he has driven straight trucks for 32 years, 
accumulating 320,000 miles, and tractor-trailer combinations for 32 
years, accumulating 160,000 miles. He holds a Class A CDL from 
Minnesota. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Glenn K. Johnson, Jr.

    Mr. Johnson, 65, has had amblyopia, exotropia, strabismus, and 
cataracts in his left eye since childhood. The visual acuity in his 
right eye is 20/30, and in his left eye, 20/400. Following an 
examination in 2014, his optometrist stated, ``In my medical opinion, 
Mr. Johnson has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle with his current vision.'' Mr. Johnson 
reported that he has driven tractor-trailer combinations for 45 years, 
accumulating 4.95 million miles. He holds a Class A CDL from North 
Carolina. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Terry A. Legates

    Mr. Legates, 27, has optic nerve disorder in his left eye due to a 
traumatic incident during childhood. The visual acuity in his right eye 
is 20/20, and in his left eye, no light perception. Following an 
examination in 2014, his optometrist stated that, in his medical 
opinion, Mr. Legates does have sufficient vision to operate a 
commercial motor vehicle. Mr. Legates reported that he has driven 
straight trucks for 3.5 years, accumulating 45,500 miles. He holds an 
operator's license from Oklahoma. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Charles E. Meis

    Mr. Meis, 66, has had macular degeneration in his right eye since 
2009. The visual acuity in his right eye is 20/250, and in his left 
eye, 20/20. Following an examination in 2013, his ophthalmologist 
stated, ``In my medical opinion, Charles Meis has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle . . 
.'' Mr. Meis reported that he has driven straight trucks for 30 years, 
accumulating 1.8 million miles. He holds an operator's license from 
Texas. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Ronald B. Mohr

    Mr. Mohr, 57, has retinal scarring in his left eye due to a 
traumatic incident in 1979. 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, ``It is my medical opinion that Ronald Mohr has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Mohr reported that he has driven straight 
trucks for 40 years, accumulating 20,000 miles, and tractor-trailer 
combinations for 30 years, accumulating 600,000 miles. He holds a Class 
A CDL from Iowa. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Hassan Ourahou

    Mr. Ourahou, 25, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2014, his optometrist stated, ``The 
patient has significant vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Ourahou reported that he has driven 
tractor-trailer combinations for 2 years, accumulating 250,700 miles. 
He holds a Class A CDL from Kentucky. His driving record for the last 3 
years shows no crashes and 2 convictions for moving violations in a 
CMV; in one instance he exceeded the speed limit by 13 MPH; in another 
instance, he failed to obey a traffic control device.

Jesus Penuelas

    Mr. Penuelas, 39, has had a macular scar in his right eye since 
birth. The visual acuity in his right eye is hand motion, and in his 
left eye, 20/20. Following an examination in 2013, his optometrist 
stated, ``Mr. Penuelas has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Penuelas reported 
that he has driven straight trucks for 13 years, accumulating 975,000 
miles. He holds an operator's license from Arizona. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Enoc Ramos III

    Mr. Ramos, 43, has had a retinal detachment in his right eye since 
2001. The visual acuity in his right eye is 20/100, and in his left 
eye, 20/20. Following an examination in 2013, his optometrist stated, 
``I don't foresee a major problem with his operating [sic] commercial 
vehicle from a visual perspective.'' Mr. Ramos reported that he has 
driven tractor-trailer combinations for 13 years, accumulating 910,000 
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.

James T. Rohr

    Mr. Rohr, 73, has had hereditary macular dystrophy in his left eye 
since birth. The visual acuity in his right eye is 20/40, and in his 
left eye, 20/150. Following an examination in 2013, his optometrist 
stated, ``In my professional opinion Mr. Rohr can safely perform the 
driving tasks required to operate a private motor vehicle as well as a 
commercial motor vehicle.'' Mr. Rohr reported that he has driven 
straight trucks for 5 years, accumulating 40,000 miles, and tractor-
trailer combinations for 40 years, accumulating 3.8 million miles. He 
holds a Class A CDL from Minnesota. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

DelRay V. Ryckman

    Mr. Ryckman, 47, has retinal scarring in his left eye due to a 
traumatic incident in 1985. The visual acuity in his right eye is 20/
20, and in his left eye, hand motion. Following an examination in 2014, 
his optometrist stated, ``In my medical opinion, DelRay does have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Ryckman reported that he has driven straight 
trucks for 27 years, accumulating 540,000 miles. He holds a Class A3 
CDL from South Dakota. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Joe Sanchez

    Mr. Sanchez, 56, has a prosthetic right eye due to a traumatic 
incident in 1983. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/30. Following an examination in 
2013,

[[Page 27684]]

his optometrist stated, ``He has sufficient vision vision [sic] to 
operate a commercial vehicle.'' Mr. Sanchez reported that he has driven 
straight trucks for 19 years, accumulating 728,000 miles, and tractor-
trailer combinations for 16 years, accumulating 1.46 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.

James S. Seeno

    Mr. Seeno, 38, has had a retinal detachment in his right eye since 
1996. The visual acuity in his right eye is 20/80, and in his left eye, 
20/20. Following an examination in 2014, his optometrist stated, ``Mr. 
Seeno does have sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Seeno reported that he has 
driven straight trucks for 9 years, accumulating 90,000 miles, and 
buses for 7 years, accumulating 350,000 miles. He holds a Class B CDL 
from Nevada. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

George W. Thomas

    Mr. Thomas, 40, has had complete loss of vision in his left eye 
since 2007. The visual acuity in his right eye is 20/15, and in his 
left eye, no light perception. Following an examination in 2014, his 
ophthalmologist stated, ``I do not have the knowledge of the vision 
requirements for a commercial drivers' [sic] license but I am of the 
opinion that he has sufficient vision in his right eye to drive and can 
receive this licensce [sic] if it is legal for a monocular patient to 
have a CDL.'' Mr. Thomas reported that he has driven straight trucks 
for 12 years, accumulating 480,000 miles, and tractor-trailer 
combinations for 3 years, accumulating 150,000 miles. He holds a Class 
A Commercial Beginner Permit from South Carolina. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Thomas L. Tveit

    Mr. Tveit, 61, has had degenerative myopia in his right eye since 
birth. The visual acuity in his right eye is 20/400, and in his left 
eye, 20/20. Following an examination in 2014, his optometrist stated, 
``In my opinion, Mr. Tveit has adequate vision to operate a commercial 
vehicle.'' Mr. Tveit reported that he has driven straight trucks for 47 
years, accumulating 70,500 miles, and tractor-trailer combinations for 
26 years, accumulating 598,000 miles. He holds a Class A3 CDL from 
South Dakota. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Bart M. Valiante

    Mr. Valiante, 56, has had a central vein occlusion in his left eye 
since 2002. The visual acuity in his right eye is 20/20, and in his 
left eye, 20/400. Following an examination in 2013, his ophthalmologist 
stated, ``In my medical opinion, Mr. Valiante has sufficient vision to 
perform driving tasks to operate a commercial vehicle.'' Mr. Valiante 
reported that he has driven straight trucks for 35 years, accumulating 
875,000 miles, and tractor-trailer combinations for 35 years, 
accumulating 875,000 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.

James W. VanRyswyk

    Mr. VanRyswyk, 69, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/125, and in his 
left eye, 20/20. Following an examination in 2013, his optometrist 
stated, ``It is my opinion that Mr. Van Ryswyk [sic] is visually 
competent to operate a commercial vehicle.'' Mr. VanRyswyk reported 
that he has driven straight trucks for 52 years, accumulating 2.6 
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.

Drake M. Vendsel

    Mr. Vendsel, 21, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/15, and in his left eye, 20/
60. Following an examination in 2014, his optometrist stated, ``Given 
that [Mr. Vendsel has] been driving a ``farm plated'' semi truck [sic] 
incident free since the time [Mr. Vendsel was] working for [his] father 
on [his father's] farm since [his] early teen years, I would say [Mr. 
Vendsel has] sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Vendsel reported that he has driven 
straight trucks for 7 years, accumulating 42,000 miles, and tractor-
trailer combinations for 3 years, accumulating 18,000 miles. He holds 
an operator's license from North Dakota. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. The Agency will consider all comments 
received before the close of business June 13, 2014. Comments will be 
available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The Agency will file comments 
received after the comment closing date in the public docket, and will 
consider them to the extent practicable.
    In addition to late comments, FMCSA will also continue to file, in 
the public docket, relevant information that becomes available after 
the comment closing date. Interested persons should monitor the public 
docket for new material.

Submitting Comments

    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 that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2014-0005 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. 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.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-2014-0005 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.


[[Page 27685]]


    Issued on: May 8, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-11086 Filed 5-13-14; 8:45 am]
BILLING CODE 4910-EX-P