[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Pages 6162-6166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02133]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0301]


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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[[Page 6163]]

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

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

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2014-0301 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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 online.
    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 23 individuals listed in this notice have each 
requested such an exemption from the vision requirement in 49 CFR 
391.41(b)(10), which applies to drivers of CMVs in interstate commerce. 
Accordingly, the Agency will evaluate the qualifications of each 
applicant to determine whether granting an exemption will achieve the 
required level of safety mandated by statute.

II. Qualifications of Applicants

Jason P. Atwater

    Mr. Atwater, 42, has had optic nerve damage and neuropathy due to 
meningitis in his right eye since 1993. The visual acuity in his right 
eye is light perception, and in his left eye, 20/20. Following an 
examination in 2014, his ophthalmologist stated, ``In my medical 
opinion, I believe that he has sufficient vision to operate a 
commercial vehicle.'' Mr. Atwater reported that he has driven straight 
trucks for 4 years, accumulating 160,000 miles, and tractor-trailer 
combinations for 4 years, accumulating 140,000 miles. He holds a Class 
A CDL from Utah. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Barry W. Borger

    Mr. Borger, 69, has had a retinal detachment and phthisical cornea 
in his left eye since 2008. The visual acuity in his right eye is 20/
20, and in his left eye, light perception. Following an examination in 
2014, his optometrist stated, ``I believe that, in my opinion, Barry 
Borger has sufficient vision to perform the driving tasks required of 
him.'' Mr. Borger reported that he has driven straight trucks for 40 
years, accumulating one million 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 W. Dugger

    Mr. Dugger, 49, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/60, and in his left eye, 20/20. 
Following an examination in 2014, his optometrist stated, ``Therefore 
in my professional opinion Mr. Dugger has tested and has found to have 
sufficient vision to perform the tasks to safely operate a commercial 
vehicle.'' Mr. Dugger reported that he has driven straight trucks for 5 
years, accumulating 125,000 miles. He holds a Class DB CDL from 
Kentucky. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Steven D. Ellsworth

    Mr. Ellsworth, 46, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/400. Following an examination in 2014, his ophthalmologist 
stated, ``It is my clinical opinion that his vision is stable from last 
year and he is fit to continue his position as a fleet technician, as 
well as his requirement to drive CMV vehicles as previously performed 
as part of his job duties.'' Mr. Ellsworth reported that he has driven 
straight trucks for 7 years, accumulating 104,993 miles. He holds a 
Class A CDL from Illinois. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Travis B. Giest

    Mr. Giest, 39, has macular and retinal scarring in his right eye 
due to a traumatic incident during childhood. The visual acuity in his 
right eye is 20/200, and in his left eye, 20/20. Following an 
examination in 2014, his optometrist stated, ``In my opinion, Mr. Giest 
has sufficient vision to operate a commercial vehicle.'' Mr. Giest 
reported

[[Page 6164]]

that he has driven straight trucks for 3.5 years, accumulating 27,300 
miles, and tractor-trailer combinations for 3.5 years, accumulating 
27,300 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.

Arlan T. Hrubes

    Mr. Hrubes, 66, has had central retinal artery obstruction and 
subsequent laser surgeries resulting in macular scars in his right eye 
since 1995. The visual acuity in his right eye is 20/400, and in his 
left eye, 20/15. Following an examination in 2014, his optometrist 
stated, ``In my professional opinion the loss of Mr. Hrubes central 
vision of his right eye in no way restricts his ability to operate a 
commercial vehicle or any other vehicle and this is in agreement with 
scientific studies posing the question ``what advantage does a two eye 
person have over a one eyed person.: The answer to that question is, 
``very little''. A two eye person has a spare, whereas a one eyed 
person does not.'' Mr. Hrubes reported that he has driven straight 
trucks for 34 years, accumulating 170,000 miles, and tractor-trailer 
combinations for 26 years, accumulating 260,000 miles. He holds a Class 
A CDL from Wyoming. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Abdalla M. Jalili

    Mr. Jalili, 45, has had amblyopia since childhood and a retinal 
detachment since 2007, both in his left eye. The visual acuity in his 
right eye is 20/25, and in his left eye, 20/400. Following an 
examination in 2014, his optometrist stated, ``Based on my medical 
opinion the patient has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Jalili reported that he 
has driven straight trucks for 11 years, accumulating 82,500 miles. He 
holds a Class D CDL from Illinois. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

David M. Krause

    Mr. Krause, 57, has had amblyopia in his right eye since birth. 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, ``In my 
medical opinion, Mr. Krause possesses the necessary visual functioning 
to drive a commercial vehicle.'' Mr. Krause reported that he has driven 
straight trucks for 3 years, accumulating 10,200 miles. He holds a 
Class ABCDM CDL from Wisconsin. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Stephen C. Martin

    Mr. Martin, 39, has had a corneal scar and 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, ``In my medical opinion I certify that Stephen 
Martin has sufficient vision to perform the driving tasks required to 
operate a commercial motor vehicle.'' Mr. Martin reported that he has 
driven straight trucks for 5 years, accumulating 400,000 miles, and 
tractor-trailer combinations for 5 years, accumulating 400,000 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.

Troy L. McCord

    Mr. McCord, 26, 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, ``Patient 
have [sic] sufficient vision to operate commercial vehicle.'' Mr. 
McCord reported that he has driven straight trucks for 2 years, 
accumulating 60,000 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 M. Metzger

    Mr. Metzger, 50, has had a conjunctional cyst and retinal 
detachment in his left eye since 2011. The visual acuity in his right 
eye is 20/20, and in his left eye, 20/125. Following an examination in 
2014, his ophthalmologist stated, ``Based on todays [sic] exam, Pt 
[sic] has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Metzger reported that he has driven 
straight trucks for 23 years, accumulating 2.3 million miles. He holds 
a Class A CDL from New York. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Gerald D. Milner, Jr.

    Mr. Milner, 47, has corneal scarring in his right eye due to a 
traumatic incident during childhood. The visual acuity in his right eye 
is hand motion, and in his left eye, 20/20. Following an examination in 
2014, his optometrist stated, ``Dr [sic] Valenti certifies through the 
examination and my medical opinion that Gerald Milner has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Milner reported that he has driven straight trucks for 
28 years, accumulating 121,464 miles. He holds an operator's license 
from Illinois. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Ali Nimer

    Mr. Nimer, 53, has a corneal scar and iris scarring in his right 
eye due to a traumatic incident during childhood. The visual acuity in 
his right eye is counting fingers, and in his left eye, 20/20. 
Following an examination in 2014, his optometrist stated, ``In my 
opinion Mr. Nimer has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Nimer reported that he 
has driven straight trucks for 9 years, accumulating 37,080 miles. He 
holds an operator's license from Illinois. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Richard A. Pierce

    Mr. Pierce, 44, has had strabismic amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/200, and in his 
left eye, 20/20. Following an examination in 2014, his optometrist 
stated, ``After completion of my examination it is my professional 
opinion that Mr. Pierce has sufficient vision to perform the tasks 
needed to operate a commercial vehicle.'' Mr. Pierce reported that he 
has driven straight trucks for 5 years, accumulating 50,000 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.

Richard D. Pontious

    Mr. Pontious, 55, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/60. Following an examination in 2014, his optometrist stated, 
``In my opinion, Richard D [sic] Pontious has sufficient vision to 
perform the tasks required to operate a commercial vehicle.'' Mr. 
Pontious reported that he has driven tractor-trailer combinations for 
26 years, accumulating 1.95 million miles. He holds a Class A CDL from 
Ohio. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

[[Page 6165]]

Richard P. Rebel

    Mr. Rebel, 75, has had complete loss of vision due to chorioretinal 
scarring in his left eye since birth. 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, ``Richard has sufficient 
vision and driving experience to drive a commercial vehicle with a 
license restricted to corrective lenses and outside mirrors.'' Mr. 
Rebel reported that he has driven straight trucks for 35 years, 
accumulating 577,500 miles. He holds a Class B CDL from North Dakota. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Kevin L. Riddle

    Mr. Riddle, 49, has had amblyopia with a retinal scar in his left 
eye since birth. 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, ``Certifies that in his/her medial opinion, you 
have sufficient vision to perform the driving tasks required to operate 
a commercial vehicle. Yes, Patient Has Sufficient Vision to perform 
Drving [sic] tasks.'' Mr. Riddle reported that he has driven straight 
trucks for 6 years, accumulating 282,000 miles. He holds an operator's 
license from Florida. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Mustafa Shahadeh

    Mr. Shahadeh, 46, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/200. Following an examination in 2014, his ophthalmologist 
stated, ``He has a lifelong history of amblyopia and his vision was 
consistent on all of his examinations . . . He easily exceeds the 
standards for a non CDL driver's license and I see no reason he cannot 
drive commercial vehicles safely.'' Mr. Shahadeh reported that he has 
driven straight trucks for 16 years, accumulating 128,000 miles. He 
holds an operator's license from Ohio. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Charles P. Smith

    Mr. Smith, 66, has a prosthetic left eye due to a traumatic 
incident in 2010. 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, ``Charles Smith has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Smith reported that he has driven straight trucks for 43 years, 
accumulating 430,000 miles, and tractor-trailer combinations for 24 
years, accumulating 2.4 million 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.

Timothy R. Tedford

    Mr. Tedford, 42, has corneal scarring in his right eye due to a 
traumatic incident in 1999. The visual acuity in his right eye is hand 
motion, and in his left eye, 20/20. Following an examination in 2014, 
his optometrist stated, ``I certify that in my professional medical 
opinion, Mr. Tedford has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Tedford reported that 
he has driven tractor-trailer combinations for 23 years, accumulating 
345,000 miles. He holds a Class A CDL from Illinois. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Sean E. Twohig

    Mr. Twohig, 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, 
counting fingers. Following an examination in 2014, his ophthalmologist 
stated, ``It is my medical opinion that Sean Twohig has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Twohig reported that he has driven straight trucks for 
25 years, accumulating 2.5 million miles. He holds an operator's 
license from New York. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Melvin L. Vaughn

    Mr. Vaughn, 68, has had central retinal vein occlusion in his left 
eye since 2012. 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, ``It is in my medical opinion that this gentleman has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Vaughn reported that he has driven tractor-
trailer combinations for 40 years, accumulating four million miles. He 
holds an operator's license from Wisconsin. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Rick L. Wood

    Mr. Wood, 56, has had a macular scar in his right eye since 
childhood. The visual acuity in his right eye is 20/400, and in his 
left eye, 20/20. Following an examination in 2014, his ophthalmologist 
stated, ``In my medical opinion, due to his stable ocular status and 
good visual fields, he has sufficient vision to perform in his driving 
tasks required to operate a commercial vehicle.'' Mr. Wood reported 
that he has driven straight trucks for 15 years, accumulating 150,000 
miles. He holds a Class B CDL from Pennsylvania. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

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-2014-0301 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

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http://www.regulations.gov and insert the docket number FMCSA-2014-0301 
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: January 28, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-02133 Filed 2-3-15; 8:45 am]
BILLING CODE 4910-EX-P