[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63211-63214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25126]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0297]


Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces receipt of applications from 12 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 November 21, 2014. All 
comments will be investigated by FMCSA. The exemptions will be issued 
the day after the comment period closes.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2014-0297 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, R.N., 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. 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 12 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

Rickie L. Brown

    Mr. Brown, 51, has a scar 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, 20/125. Following an examination in 2014, his 
optometrist stated, ``I certify that, in my medical opinion, this 
patient has sufficient vision to operate a commercial motor vehicle . . 
. No correction needed present CDL has restrictions 3 and F [sic] . . . 
Patient should continue w/present restrictions.'' Mr. Brown reported 
that he has driven tractor-trailer combinations for 27 years, 
accumulating 4.05 million miles. He holds a Class A CDL from 
Mississippi. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Brian M. Goehring

    Mr. Goehring, 46, 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 2014, his optometrist 
stated, ``It is my opinion that Mr. Goehring has sufficient vision to 
perform the daily tasks required to operate a commercial vehicle.''
    Mr. Goehring reported that he has driven straight trucks for 2 
years, accumulating 100,000 miles, and buses for 21 years, accumulating 
1.68 million miles. He holds a Class B CDL from Pennsylvania. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Dewey P. Huffman

    Mr. Huffman, 61, has complete loss of vision in his right eye due 
to a traumatic incident in 1971. The visual acuity in his right eye is 
no light perception, and in his left eye, 20/20. Following an 
examination in 2014, his ophthalmologist stated,
    ``Mr. Huffman has excellent ocular health of his only seeing eye. 
He has sufficient vision in that eye to operate a commercial vehicle.'' 
Mr. Huffman reported that he has driven straight trucks for 18 years, 
accumulating 189,000 miles. He holds an operator's license from Oregon. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Purvis W. Kills Enemy At Night

    Mr. Kills Enemy At Night, 48, has complete loss of vision in his 
left eye due to a traumatic incident in 1994. 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, ``I do think he has 
sufficient vision to safely perform driving his bus.''
    Mr. Kills Enemy At Night reported that he has driven buses for 4 
years, accumulating 115,200 miles. He holds a Class B CDL from South 
Dakota. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Daniel M. King

    Mr. King, 39, 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, ``Based

[[Page 63213]]

on my examination of Mr. King's eyes, I hereby certify in my medical 
opinion, Daniel King has appropriate vision to perform the driving 
tasks to operate a commercial vehicle.'' Mr. King reported that he has 
driven straight trucks for 24 years, accumulating 12,000 miles. He 
holds an operator's license from Oklahoma. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Robby K. Leith II

    Mr. Leith, 26, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
100. Following an examination in 2014, his optometrist stated, ``And in 
my opinion he has sufficient vision to perform the driving tasks to 
operate a commercial vehicle.'' Mr. Leith reported that he has driven 
straight trucks for 4 years, accumulating 72,000 miles. He holds an 
operator's license from California. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Roger F. Love

    Mr. Love, 73, 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 2014, his ophthalmologist stated, ``I certify in my 
medical opinion that Roger Love does have sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Love 
reported that he has driven straight trucks for 10 years, accumulating 
100,000 miles, and tractor-trailer combinations for 50 years, 
accumulating 1 million miles. He holds a Class A CDL from Minnesota. 
His driving record for the last 3 years shows no crashes and 1 
conviction for a moving violation in a CMV; he exceeded the speed limit 
by 5 mph.

Gary G. Medeiros II

    Mr. Medeiros, 48, has had 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 2014, his optometrist stated, 
``Mr. Medeiros' vision is stable. He has more than adequate vision to 
operate a commercial vehicle.'' Mr. Medeiros reported that he has 
driven straight trucks for 30 years, accumulating 4.2 million miles and 
tractor-trailer combinations for 30 years, accumulating 3.72 million 
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.

Michael J. Monroe

    Mr. Monroe, 67, has a prosthetic left eye due to a traumatic 
incident in 1969. 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, ``Patient's vision is stable in his only 
eye, the right eye, at better than 20/20. Recommend driving privileges 
for commercial driving [sic] license.'' Mr. Monroe reported that he has 
driven straight trucks for 32 years, accumulating 16,000 miles and 
buses for 1 month, accumulating 4,320 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.

Eugene F. Napieralski

    Mr. Napieralski, 50, has a corneal scar 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, ``It is my opinion that he 
has proven over the past twenty years of accident free [sic] driving 
that he has sufficient vision to operate a commercial vehicle.'' Mr. 
Napieralski reported that he has driven straight trucks for 29 years, 
accumulating 522,000 miles. He holds a Class B CDL from Minnesota. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Benjamin Riegelman

    Mr. Riegelman, 52, has had refractive 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, ``Vision is sufficient to perform driving tasks required to 
operate a commercial vehicle.'' Mr. Riegelman reported that he has 
driven straight trucks for 27 years, accumulating 270,000 miles. He 
holds a Class B CDL from New Jersey. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Stephen Susino

    Mr. Susino, 57, has had a corneal transplant in his right eye since 
1991. 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, ``It is my medical opinion that his vision is sufficient to 
perform the required driving tasks to operate a commercial vehicle.''
    Mr. Susino reported that he has driven straight trucks for 22 
years, accumulating 374,000 miles. He holds an operator's license from 
New Jersey. His driving record for the last 3 years shows 1 crash, for 
which he was not cited and to which he did not contribute, and no 
convictions for moving violations in a CMV.

III. Public Participation and Request for Comments

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

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice, indicate the specific section of this document to which each 
comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online or by 
fax, mail, or hand delivery, but please use only one of these means. 
FMCSA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so the 
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
put the docket number FMCSA-2014-0297 in the ``Keyword'' box, and click 
``Search. When the new screen appears, click on ``Comment Now!'' button 
and type your comment into the text box in the following screen. Choose 
whether you are submitting your comment as an individual or on behalf 
of a third party and then submit. If you submit your comments by mail 
or hand delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you 
submit comments by mail and would like to know that they reached the 
facility, please enclose a stamped, self-addressed postcard or 
envelope.
    FMCSA will consider all comments and material received during the 
comment period and may change this notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov and 
insert the docket number FMCSA-2014-0297 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

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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: October 10, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-25126 Filed 10-21-14; 8:45 am]
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