[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14223-14227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06179]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0304]


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 28 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 April 17, 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-2014-0304 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

[[Page 14224]]

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 28 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

Dakota A. Albrecht

    Mr. Albrecht, 27, has a retinal scar in his right eye due to a 
traumatic incident in 2010. The visual acuity in his right eye is 20/
150, and in his left eye, 20/15. Following an examination in 2014, his 
optometrist stated, ``It is our opinion that he has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Albrecht reported that he has driven tractor-trailer 
combinations for 7 years, accumulating 700,000 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.

Joseph L. Beverly

    Mr. Beverly, 58, has had complete loss of vision in his right eye 
since 2011 due to a central retinal artery occlusion. The visual acuity 
in his right eye is counting fingers, and in his left eye, 20/20. 
Following an examination in 2014, his ophthalmologist stated, ``It is 
my medical opinion as an ophthalmologist that Mr. Beverly has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Beverly reported that he has driven tractor-
trailer combinations for 16 years, accumulating 960,000 miles. He holds 
an operator's license from Florida. His driving record for the last 3 
years shows no crashes and one conviction for a moving violation in a 
CMV; he exceeded the speed limit by 21 miles per hour.

Jaroslav Cigler

    Mr. Cigler, 64, has had a branch retinal vein occlusion in his 
right eye since 2011. 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, ``Dr. Komyatte certifies that in her medical 
opinion, Mr. Cigler has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Cigler reported that he 
has driven tractor-trailer combinations for 20 years, accumulating 2.6 
million miles. He holds an operator's license from Indiana. His driving 
record for the last 3 years shows one crash, for which he was not cited 
and did not contribute, and two convictions for moving violations in a 
CMV; in one instance he disregarded a traffic signal, and in another he 
was cited for improper lane usage.

David E. Crane

    Mr. Crane, 59, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/80, and in his left eye, 20/25. 
Following an examination in 2014, his optometrist stated, ``I also 
certify that he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Crane reported that he 
has driven straight trucks for 28 years, accumulating 700,000 miles. He 
holds a Class A CDL from Ohio. His driving record for the last 3 years 
shows no crashes and one conviction for a moving violation in a CMV; he 
was operating a CMV in a no truck zone.

Alan J. Daisey

    Mr. Daisey, 63, 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 2014, his optometrist stated, ``Mr. Daisey's vision is 
good enough to have a commercial license.'' Mr. Daisey reported that he 
has driven straight trucks for 18 years, accumulating 18,000 miles. He 
holds a Class CB CDL from Delaware. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Terry L. Daneau

    Mr. Daneau, 54, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/300. 
Following an examination in 2014, his optometrist stated, ``I believe 
that Terry Daneau possesses sufficient vision to maintain a CDL as long 
as glasses are worn.'' Mr. Daneau reported that he has driven straight 
trucks for 16 years, accumulating 800,000 miles. He holds a Class B 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.

Ronald A. Doyle

    Mr. Doyle, 53, has had a corneal scar in his right eye since 1985. 
The visual acuity in his right eye is 20/60, and in his left eye, 20/
25. Following an examination in 2014, his optometrist stated, ``Upon 
examining patient I certify that in my medical opinion, has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle with a license (non-CDL) as explained in #1 Proof of Commercial 
License.'' Mr. Doyle reported that he has driven straight trucks for 14 
years, accumulating 121,422 miles. He holds a Class D license from New 
York. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Darin T. Eubank

    Mr. Eubank, 25, has had refractive amblyopia 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, 
``Darin has sufficient vision to drive a commercial vehicle.'' Mr. 
Eubank reported that he has driven straight trucks for 9 years, 
accumulating

[[Page 14225]]

51,300 miles, and tractor-trailer combinations for 5 years, 
accumulating 17,500 miles. He holds a Class A CDL from Virginia. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Dan J. Feik

    Mr. Feik, 53, has a prosthetic left eye due to a traumatic incident 
in 1989. The visual acuity in his right eye is 20/15, and in his left 
eye, no light perception. Following an examination in 2015, his 
ophthalmologist stated, ``It is my opinion that Mr. Feik has excellent 
peripheral vision and visual acuity in the right eye to perform the 
tasks required of him to operate a commercial vehicle without 
reservations.'' Mr. Feik reported that he has driven straight trucks 
for 8 years, accumulating 380,000 miles. He holds a Class BM CDL from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Phillip E. Fitzpatrick

    Mr. Fitzpatrick, 38, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/70. Following an examination in 2014, his optometrist stated, 
``Based on the longstanding nature of Phillip's amblyopia in the left 
eye and the fact he has had a CDL for a number of years I believe that 
Phillip can safely and effectively operate a vehicle that requires a 
CDL.'' Mr. Fitzpatrick reported that he has driven straight trucks for 
18 years, accumulating 90,000 miles. He holds a Class B CDL from New 
Mexico. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

William H. Fleming

    Mr. Fleming, 68, has had a branch vein occlusion in his right eye 
since 2012. The visual acuity in his right eye is 20/60, and in his 
left eye, 20/25. Following an examination in 2014, his optometrist 
stated, ``In my medical opinion,
    William Fleming has sufficient vision to perform the driving task 
required to operate a commercial vehicle.'' Mr. Fleming reported that 
he has driven buses for 3 years, accumulating 78,000 miles. He holds a 
Class B CDL from Oregon. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Lucien W. Foote III

    Mr. Foote, 61, has had exotropia with amblyopia in his left eye 
since childhood. The visual acuity in his right eye is 20/25, and in 
his left eye, 20/80. Following an examination in 2014, his optometrist 
stated, ``In my medical opinion, he has sufficient vision to perform 
the necessary driving tasks for a commercial vehicle.''
    Mr. Foote reported that he has driven straight trucks for 29 years, 
accumulating 435,000 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.

Jimmy F. Garrett

    Mr. Garrett, 61, has complete loss of vision in his right eye due 
to a traumatic incident in 1974. 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, ``Due to his driving 
record and excellent vision in his left eye I feel Jimmy can operate a 
commercial vehicle safely.'' Mr. Garrett reported that he has driven 
straight trucks for 6 years, accumulating 36,000 miles, and tractor-
trailer combinations for 26 years, accumulating 2.34 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.

Odus P. Gautney III

    Mr. Gautney, 61, has had glaucoma in his left eye since 1983. The 
visual acuity in his right eye is 2030, and in his left eye, 20/400. 
Following an examination in 2014, his ophthalmologist stated, ``The 
above named patient has had the diagnosis of glaucoma for over 30 years 
. . . The patient can perform all tasks required to maintain CDL 
certification.'' Mr. Gautney reported that he has driven tractor-
trailer combinations for 18 years, accumulating 1.8 million miles. He 
holds a Class AM CDL from Texas. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Dale R. Goodell

    Mr. Goodell, 73, has glaucoma in his left eye due to a traumatic 
incident in 1991. The visual acuity in his right eye is 20/20, and in 
his left eye, counting fingers. Following an examination in 2014, his 
optometrist stated, ``Attn: Vision Program U.S. Dept of Transportation 
. . . Considering the fact this vision defect in the left eye is 
longstanding I would state Dale has over time adapted to the loss of 
vision and should continue to be able to operate a motor vehicle 
safely.'' Mr. Goodell reported that he has driven straight trucks for 
56 years, accumulating 5.6 million miles, and tractor-trailer 
combinations for 42 years, accumulating 1.05 million miles. He holds a 
Class A CDL from South Dakota. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Elmer Y. Mendoza

    Mr. Mendoza, 35, has had histoplasmosis 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 201X, his optometrist 
stated, ``I believe Mr. Mendoza does have sufficient vision required 
for CDL.'' Mr. Mendoza reported that he has driven tractor-trailer 
combinations for nine years, accumulating 954,000 miles. He holds a 
Class A CDL from Virginia. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Andrew M. Miller

    Mr. Miller, 60, has retinal detachment in his right eye due to a 
traumatic incident in 1972. The visual acuity in his right eye is light 
perception, and in his left eye, 20/20. Following an examination in 
2014, his optometrist stated, ``He is able to perform the required 
visual tasks associated with commercial driving skills.'' Mr. Miller 
reported that he has driven straight trucks for 10 years, accumulating 
110,000 miles. He holds an operator's license from Iowa. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Richard N. Moyer, Jr.

    Mr. Moyer, 47, has had a retinal detachment in his left eye since 
1990. The visual acuity in his right eye is 20/20, and in his left eye, 
20/200. Following an examination in 2015, his ophthalmologist stated, 
``Field is full od and doesn't compromise his ability to function as a 
commercial driver.'' Mr. Moyer reported that he has driven straight 
trucks for 29 years, accumulating 870,000 miles, and tractor-trailer 
combinations for 26 years, accumulating 260,000 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.

Heath A. Pillig

    Mr. Pillig, 43, has had anisometropia with amblyopia in his left 
eye since childhood. The visual acuity in his right

[[Page 14226]]

eye is 20/20, and in his left eye, 20/100. Following an examination in 
2014, his ophthalmologist stated, ``Given his history and current 
visual acuity I feel he has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Pillig reported 
that he has driven straight trucks for 7.5 years, accumulating 881,250 
miles, and tractor-trailer combinations for 13 years, accumulating 1.53 
million 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.

Alonzo K. Rawls

    Mr. Rawls, 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 2015, his ophthalmologist stated, 
``Patient has a corneal scar from an accident OS in 1990. Vision has 
been poor since then. Patient obtained a commercial license in 2008 and 
2010, but needs re-evaluation to see if he qualifies for an exemption 
for a CDL license. The patient, based upon his examination today, does 
not meet the requirements for a CDL. However, the patient has had a CDL 
in the past with no accidnets on record. If appropriate, the patient 
would desire a road test to prove his ability to safely drive and 
quality [sic] for an exemption.'' Mr. Rawls reported that he has driven 
straight trucks for 3 years, accumulating 18,375 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.

John R. Ropp

    Mr. Ropp, 72, has had histoplasmosis in his left eye since 1973. 
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, 
``In my opinion I believe with his record of 30 plus years without an 
accident or moving violation I don't feel his vision will be a concern 
in regards to driving a commercial vehicle.'' Mr. Ropp reported that he 
has driven straight trucks for 34 years, accumulating 68,000 miles, and 
tractor-trailer combinations for 34 years, accumulating 68,000 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.

Timothy J. Slone

    Mr. Slone, 51, has a prosthetic right eye due to a traumatic 
incident in 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 optometrist stated, ``Mr. Slone has sufficient vision to 
operate a commercial vehicle under the following restrictions (a) 
spectacle RX (b) passenger mirror.'' Mr. Slone reported that he has 
driven straight trucks for 35 years, accumulating 1.75 million miles. 
He holds an operator's license from Kentucky. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

David L. Sorensen

    Mr. Sorensen, 57, has complete loss of vision in his right eye due 
to a traumatic incident at birth. 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, ``I would also state in my medical 
opinion Mr. Sorensen is able to safely operate a commercial vehicle. 
There is a longstanding history of loss of vision in the right eye 
associated with trauma resulting in loss of vision in the right eye.'' 
Mr. Sorensen reported that he has driven straight trucks for 20 years, 
accumulating 40,000 miles, and tractor-trailer combinations for 11 
years, accumulating 33,000 miles. He holds a Class A CDL from Nebraska. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Nelson J. Stokke

    Mr. Stokke, 54, has complete loss of vision in his left eye due to 
a traumatic incident in 2005. The visual acuity in his right eye is 20/
20, and in his left eye, light perception. Following an examination in 
2014, his ophthalmologist stated, ``In summary, this 53 year old 
commercial truck driver has adequate vision to continue driving a 
commercial vehicle in my opinion.'' Mr. Stokke reported that he has 
driven tractor-trailer combinations for 29 years, accumulating 1.37 
million miles. He holds a Class A CDL from California. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Darwin L. Stuart

    Mr. Stuart, 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/
350. Following an examination in 2014, his optometrist stated, ``In my 
opinion Mr. Stuart has sufficient vision to perform [sic] driving tasks 
required to operate a commercial vehicle.'' Mr. Stuart reported that he 
has driven straight trucks for 23 years, accumulating 115,000 miles, 
and tractor-trailer combinations for 8 years, accumulating 60,000 
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.

Ivan Tlumach

    Mr. Tlumach, 45, 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 ophthalmologist 
stated, ``At this time, from a medical standpoint, he has sufficient 
vision needed to continue to perform the driving tasks required to 
operate a commercial motor vehicle.'' Mr. Tlumach reported that he has 
driven straight trucks for 12 years, accumulating 144,000 miles. He 
holds an operator's license from Pennsylvania. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Clarence K. Watkins

    Mr. Watkins, 74, has/has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/25, and in his left 
eye, 20/400. Following an examination in 2014, his ophthalmologist 
stated, ``Pt's [sic] vision is currently as good as it has ever been 
with 20/25 visual acuity in his right eye and 20/400 vision in his left 
eye. Pt's [sic] ability to drive commercial truck at this time would be 
no different than his ability has been over the past 5 decades.'' Mr. 
Watkins reported that he has driven straight trucks for 55 years, 
accumulating 550,000 miles, and tractor-trailer combinations for 56 
years, accumulating 112,000 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.

Kevin D. Zaloudek

    Mr. Zaloudek, 43, has a damaged cornea and retina in his right eye 
due to a traumatic incident in childhood. The visual acuity in his 
right eye is counting fingers, and in his left eye, 20/15. Following an 
examination in 2014, his optometrist stated, ``In my opinion Kevin 
Zaludek's vision is sufficient for him to safely operate a commercial 
vehicle.'' Mr. Zaloudek reported that he has driven straight trucks for 
15 years, accumulating 225,000 miles. He holds an operator's license 
from Vermont. His driving record for the last 3 years shows

[[Page 14227]]

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-2014-0304 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-2014-0304 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: March 12, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-06179 Filed 3-17-15; 8:45 am]
 BILLING CODE 4910-EX-P