[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Notices]
[Pages 40122-40125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17021]


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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.

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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