Qualification of Drivers; Exemption Applications; Vision, 14223-14227 [2015-06179]
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Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices
trucks and buses have an elevated
seating position that greatly improves
the forward visual field of the driver,
and any impairment of available sight
lines would be minimal; and (3) the
location within the top or bottom four
inches of the area swept by the
windshield wiper and out of the driver’s
normal sightline will be reasonable and
enforceable at roadside. In addition, the
Agency believes that the use of the
Mobileye CAS by fleets is likely to
improve the overall level of safety to the
motoring public.
This action is consistent with
previous Agency actions permitting the
similar placement of video event
recorders on CMVs, within the swept
area of the windshield wipers. FMCSA
has granted temporary exemptions to
Greyhound Lines, Inc. and to DriveCam,
Inc. regarding the use of the video event
recorders to increase safety through (1)
identification and remediation of risky
driving behaviors such as distracted
driving and drowsiness, (2) enhanced
monitoring of passenger behavior on
CMVs in passenger service, and (3)
enhanced collision review and analysis.
Both of these exemptions have been
renewed for two additional 2-year
periods, as FMCSA is not aware of any
evidence showing that the installation
of the devices in the upper area of the
windshield has resulted in any
degradation in safety. The Agency has
not received any feedback from
interested parties suggesting that use of
safety devices/technology in the
windshield area have had an adverse
impact on safety.
This action is also consistent with
previous Agency actions permitting the
similar placement of lane departure
warning system sensors on CMVs,
within the swept area of the windshield
wipers. FMCSA initially granted
temporary exemptions to Con-way
Freight, TK Holdings, Inc., and Iteris,
Inc. regarding the use of lane departure
warning systems to increase safety by
alerting drivers who unintentionally
drift out of their lane of travel. The
Agency renewed the exemptions for an
additional 2-year period, and while the
original exemptions granted relief to
motor carriers using only the Takata and
Iteris lane departure warning systems,
the Agency determined—given that it
has not been made aware of any
reduction in the level of safety
associated with the use of those
systems—that it was appropriate to
extend the scope of the exemption to
encompass motor carriers using any
lane departure warning system,
provided that such sensors (1) are the
same size or smaller than the Takata and
Iteris (now Bendix) sensors, and (2)
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mounted in the windshield in
accordance with the provisions of the
original exemption.
FMCSA continues to believe that the
potential safety gains from the use of
video event recorders and lane
departure waning systems to improve
driver behavior and performance will
improve the overall level of safety to the
motoring public. The Agency believes
the same is true regarding the use of the
Mobileye CAS.
Terms and Conditions for the
Exemption
Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with or is
inconsistent with this exemption with
respect to a person operating under the
exemption.
Issued on: March 12, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015–06180 Filed 3–17–15; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0304]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions, request for comments.
AGENCY:
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
https://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 https://
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 https://
www.regulations.gov at any time or
SUMMARY:
The Agency hereby grants the
exemption for a two-year period,
beginning March 18, 2015 and ending
March 20, 2017. During the temporary
exemption period, motor carriers using
the Mobileye CAS must ensure that the
sensor is mounted not more than 100
mm (4 inches) below the upper edge, or
above the lower edge, of the area swept
by the windshield wipers, and outside
the driver’s sight lines to the road and
highway signs and signals. The
exemption will be valid for two years
unless rescinded earlier by FMCSA. The
exemption will be rescinded if: (1)
Motor carriers and/or commercial motor
vehicles fail 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(b).
Interested parties possessing
information that would demonstrate
that motor carriers using the Mobileye
CAS are not achieving the requisite
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any such
information and, if safety is being
compromised or if the continuation of
the exemption is not consistent with 49
U.S.C. 31136(e) and 31315(b), will take
immediate steps to revoke the
exemption.
14223
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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
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, 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:
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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
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that he has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Albrecht
reported that he has driven tractortrailer 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
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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
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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.
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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.
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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 tractortrailer 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
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14225
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 tractortrailer 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
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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.
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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 tractortrailer 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.
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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
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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
E:\FR\FM\18MRN1.SGM
18MRN1
Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices
no crashes and no convictions for
moving violations in a CMV.
III. Public Participation and Request for
Comments
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
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
https://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 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.
mstockstill on DSK4VPTVN1PROD with NOTICES
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://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.
VerDate Sep<11>2014
19:00 Mar 17, 2015
Jkt 235001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0451]
Hours of Service of Drivers: Oregon
Trucking Associations’ Application for
Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final determination;
granting of exemption.
AGENCY:
FMCSA announces its
decision to grant the application of the
Oregon Trucking Associations (OTA) for
a limited exemption from the Agency’s
hours-of-service (HOS) regulation
requiring commercial motor vehicle
(CMV) drivers to take 30-minute rest
breaks at specified intervals in their
duty day. This exemption is limited to
CMV drivers engaged in transporting
timber from Oregon forestlands, and
further limited to periods of the year in
which the Oregon Department of
Forestry (ODF) has formally restricted
logging operations to certain hours of
the day due to an elevated risk of forest
fire. FMCSA believes that the rest breaks
during these periods of restricted
operating hours may reduce the volume
of timber that OTA drivers can deliver,
affecting the economic viability of the
Oregon lumber industry. The Agency
grants this limited exemption on
condition that these exempt drivers do
not drive after the 12th hour of their
duty day. The Agency finds that the
CMV operations of OTA timber
transporters under this limited
exemption would likely achieve a level
of safety equivalent to or greater than
the level of safety that would be
obtained in the absence of the
exemption.
SUMMARY:
This limited exemption is
effective March 18, 2015 subject to the
Terms and Conditions stated herein,
and expires March 20, 2017.
SUPPLEMENTARY INFORMATION:
DATES:
Background
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain parts of the Federal Motor
Carrier Safety Regulations. FMCSA must
publish a notice of each exemption
request in the Federal Register [49 CFR
PO 00000
Frm 00158
Fmt 4703
Sfmt 4703
14227
381.315(a)]. The Agency must provide
the public an opportunity to inspect the
information relevant to the application,
including any safety analyses that have
been conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The Agency may grant an exemption
subject to specified terms and
conditions. The decision of the Agency
must be published in the Federal
Register (49 CFR 381.315(b)) with the
reasons for denying or granting the
application and, if granted, the name of
the person or class of persons receiving
the exemption, and the regulatory
provision from which the exemption is
granted. The notice must also specify
the effective period and explain the
terms and conditions of the exemption.
The exemption may be renewed (49 CFR
381.300(b)).
On December 27, 2011, FMCSA
published a final rule establishing
mandatory rest breaks for CMV drivers
(76 FR 81133). Effective July 1, 2013,
drivers may not operate a CMV if 8
hours or more have elapsed since the
end of the driver’s last off-duty or
sleeper-berth period of at least 30
minutes [49 CFR 395.3(a)(3)(ii)]. FMCSA
did not otherwise specify when drivers
must take the 30-minute break.
On August 2, 2013, the U.S. Court of
Appeals for the District of Columbia
Circuit issued a decision on petitions for
review of the Agency’s final HOS rule
of December 27, 2011.1 That rule
imposed a requirement for a 30-minute
rest break for interstate drivers of CMVs.
The Court upheld the 2011 HOS rule in
all respects, except that it vacated the
break provision applicable to ‘‘shorthaul’’ drivers. To qualify as a short-haul
driver, CMV drivers must (1) limit their
duty day to a maximum of 12 hours, (2)
remain within a 100 air-mile radius of
their point of origin throughout their
duty day, and (3) return to their work
reporting locations at the end of the
duty day in (49 CFR 395.1(e)(1)). The
Court also vacated the break provision
applicable to short-haul drivers who do
not need a commercial driver’s license
(CDL) [49 CFR 395.1(e)(2)], but since
1 American Trucking Associations, Inc. v. Federal
Motor Carrier Safety Administration, 724 F3d 243
(D.C. Cir. Aug. 2, 2013). FMCSA published its
response to the Court’s opinion at 78 FR 64179
(October 28, 2013).
E:\FR\FM\18MRN1.SGM
18MRN1
Agencies
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14223-14227]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06179]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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 https://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,
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 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 https://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 https://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