Qualification of Drivers; Exemption Applications; Vision, 63211-63214 [2014-25126]

Download as PDF Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices September 3, 2003 (68 FR 52441), Federal Register notice in conjunction with the November 8, 2005 (70 FR 67777), Federal Register notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. These 56 applicants have had ITDM over a range of 1 to 48 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes-related complications. Each meets the vision requirement at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the August 14, 2014, Federal Register notice and they will not be repeated in this notice. mstockstill on DSK4VPTVN1PROD with NOTICES IV. Discussion of Comments FMCSA received seven comments in this proceeding. The comments are discussed below. E. Fajardo, Eman Saaidi, and three anonymous commenters are in favor of granting all drivers included in this notice an exemption from the diabetes standard. Rayman Al-Omeri is in favor of granting Ahmed Ali an exemption from the diabetes standard. Richard Woodall is in favor of granting Raymond Lucero an exemption from the diabetes standard. V. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants’ ITDM and vision, and reviewed the treating endocrinologists’ medical opinion related to the ability of the driver to safely operate a CMV while using insulin. VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 Consequently, FMCSA finds that in each case exempting these applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. VI. Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and they include the following: (1) that each individual submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) that each individual reports within 2 business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (4) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. VII. Conclusion Based upon its evaluation of the 56 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above 949 CFR 391.64(b)): Michael N. Bohn (MN) Jonathan Bona (NJ) Vincent M. Branch (VA) Perry C. Bullis (PA) Christopher J. Burkhart (MO) James E. Cantrell, Jr. (AL) Kristy S. R. Clark (VA) Royce N. Cordova (WA) Robert Curry (NY) Bradley C. Dunlap (IL) John C. Fisher III (PA) Kenneth W. Foster (IN) Andrew C. Frykholm (MA) Lyle O. Gahler (MN) John A. Gillingham (PA) Ronald L. Glade (IL) Brent C. Godshalk (IN) Robert L. Gordon (IL) Jeffrey R. Harnack (MN) Daniel E. Harris (IL) PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 63211 Elefterios Hatzigeorgalis (MD) Drew J. Holtan (MN) Randy S. Holz (IA) Joseph C. House (AL) Kenneth B. Huff (PA) Henderson R. Hughes (NY) Levi N. Hutchinson (PA) Joseph T. Ingiosi (MI) Michael J. Javenkoski (MN) Katlin W. Johnson (LA) Don L. Jorgensen (WY) Steven T. Juhl (MN) Christopher D. Lacasse, Sr. (MA) Raymond S. Lucero (NM) Richard M. Mackey (TX) Kevin J. McGrath (MA) Jerry W. Murphy (MS) Christopher D. Murray (CA) Robert D. Noe (IL) Kyle W. Parker (CA) Eric D. Roberts (MI) Gary L. Roberts (CT) Tommy A. Rollins (GA) Janice M. Rowles (PA) William B. Rupert, Jr. (PA) Ahmed A. Saleh (MI) Robert M. Schmitz (IA) David C. Schultze (MN) Brian R. Schwint (IA) Dicky W. Shuttlesworth (TX) Bryce J. Smith (UT) David R. Sprenkel (PA) Jeffrey R. Stevens (PA) David W. Taggart (PA) Artilla M. Thomas (IL) William C. Tomlinson (GA) In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: October 10, 2014. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2014–25134 Filed 10–21–14; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0297] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: E:\FR\FM\22OCN1.SGM 22OCN1 63212 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices Notice of applications for exemptions, request for comments. ACTION: 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 selfaddressed, stamped envelope or postcard or print the acknowledgement mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 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, fmcsamedical@dot.gov, 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 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 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 E:\FR\FM\22OCN1.SGM 22OCN1 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 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 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 63213 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 81⁄2 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, selfaddressed 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 E:\FR\FM\22OCN1.SGM 22OCN1 63214 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 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] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0307] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemptions request for comments. AGENCY: FMCSA announces receipt of applications from 32 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. SUMMARY: Comments must be received on or before November 21, 2014. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2014–0307 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 mstockstill on DSK4VPTVN1PROD with NOTICES DATES: VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 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 Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, 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, fmcsamedical@dot.gov, 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. 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.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. The 32 individuals listed in this notice have recently requested such an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 II. Qualifications of Applicants Jeffrey S. Argabright Mr. Argabright, 44, has had ITDM since 1999. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Argabright understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Argabright meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Ohio. Darrell G. Brave Mr. Brave, 63, has had ITDM since 2005. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Brave understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Brave meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Washington. Domingo Cantu Mr. Cantu, 64, has had ITDM since 2009. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Cantu understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Cantu meets the requirements of the vision standard at E:\FR\FM\22OCN1.SGM 22OCN1

Agencies

[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63211-63214]
From the Federal Register Online via the Government Printing 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.

[[Page 63212]]


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

-----------------------------------------------------------------------

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, fmcsamedical@dot.gov, 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]
BILLING CODE P