Qualification of Drivers; Exemption Applications; Vision, 35699-35703 [2015-15208]
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Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices
not be degraded, the Agency believes
that placement of the transponders
lower in the windshield than currently
permitted will be outside the drivers’
sight lines, and therefore, will not have
an adverse impact on safety.
2. Mr. Paul Baute supported the
application, but noted that ‘‘the
exemption should not be necessary.
FMCSA 393.60(e)(1) is in conflict with
FMCSA 393.60(e)(2) with locations of
items such as transponders and decals
. . . FMCSR 393.60(e)(1) should be
changed to allow the transponders to be
mounted on the bottom of the
windshield.’’
FMCSA response: The regulations at
section 393.60(e)(1) and section
393.60(e)(2) do not conflict. Section
393.60(e)(1) defines the dimensional
limits at the top of the windshield in
which ‘‘antennas, transponders, and
similar devices’’ can be mounted,
whereas section 393.60(e)(2) defines the
dimensional limits at the bottom of the
windshield for applying ‘‘Commercial
Vehicle Safety Alliance (CVSA)
inspection decals, and stickers and/or
decals required under Federal or State
laws.’’ Section 393.60(e)(2) does not
currently allow other devices, such as
transponders, to be mounted in the area
at the bottom of the windshield, and any
amendment to the regulation to allow
such devices to be mounted in this
location would have to be made through
a notice-and-comment rulemaking.
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Terms and Conditions for the
Exemption
Based on its evaluation of the
application for an exemption, FMCSA
grants Help, Inc.’s exemption
application. The Agency believes that
the safety performance of motor carriers
during the 2-year exemption period will
likely achieve a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption because (1) based on the
technical information available, there is
no indication that the transponders
would obstruct drivers’ views of the
roadway, highway signs and
surrounding traffic; (2) generally, trucks
and buses have an elevated seating
position which greatly improves the
forward visual field of the driver, and
any impairment of available sight lines
would be minimal; and (3) the location
at the bottom of the windshield but
within the windshield wiper sweep, and
out of the driver’s sightline is reasonable
and enforceable at roadside. Without the
exemption, Help, Inc. would be unable
to utilize a mounting location that
maximizes the device’s ability to send
and receive roadside data.
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The Agency hereby grants the
exemption for a two-year period,
beginning June 22, 2015 until June 22,
2017.
During the temporary exemption
period, motor carriers using Help, Inc.
transponders must ensure that the
devices are mounted 2 inches right of
the center of the windshield, and 2–3
inches above the dashboard. If however,
because of the design and mounting of
the windshield wipers on a particular
CMV, use of the mounting location
identified above does not result in the
transponder being located within the
swept area of the wipers, the
transponder may be positioned such
that it is located (1) to the right of the
center of the windshield, and (2) as low
as possible in the swept area of the
wipers.
The FMCSA encourages any party
having information that motor carriers
utilizing this exemption are not
achieving the requisite level of safety
immediately to notify the Agency. If
safety is being compromised, or if the
continuation of the exemption is not
consistent with 49 U.S.C. 31315(b) and
31136(e), FMCSA will take immediate
steps to revoke the exemption.
Preemption
In accordance with section 381.600 of
the FMCSRs, 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: June 3, 2015.
T.F. Scott Darling III,
Chief Counsel.
[FR Doc. 2015–15159 Filed 6–19–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0052]
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 34 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
SUMMARY:
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35699
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 July 22, 2015. All comments
will be investigated by FMCSA. The
exemptions will be issued the day after
the comment period closes.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2015–0052 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
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.
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Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices
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 34
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
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Robert J. Bickel
Mr. Bickel, 60, has had amblyopia in
his left eye since 1996. The visual acuity
in his right eye is 20/20, and in his left
eye, 20/400. Following an examination
in 2015, his optometrist stated, ‘‘His
vision is 20/20 in the better eye and has
sufficient vision to operate a
commercial vehicle.’’ Mr. Bickel
reported that he has driven straight
trucks for 13 years, accumulating
130,000 miles. He holds a Class CA CDL
from Michigan. His driving record for
the last 3 years shows no crashes and
one conviction for a moving violation in
a CMV; he disobeyed a stop sign.
Steven J. Brauer
Mr. Brauer, 61, has complete loss of
vision in his left eye since 1972. The
visual acuity in his right eye is 20/20,
and in his left eye, counting fingers.
Following an examination in 2014, his
ophthalmologist stated, ‘‘Mr. Brauer has
sufficient vision to perform driving
tasks required to operate a commercial
vehicle.’’ Mr. Brauer reported that he
has driven straight trucks for 35 years,
accumulating 630,000 miles. He holds
an operator’s license from New Jersey.
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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.
Steven R. Brinegar
Mr. Brinegar, 34, has a retinal
detachment in his left eye due to a
traumatic incident in 1999. The visual
acuity in his right eye is 20/25, and in
his left eye, light perception. Following
an examination in 2015, his optometrist
stated, ‘‘Mr. Brinegar has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle in my opinion.’’ Mr. Brinegar
reported that he has driven straight
trucks for one year, accumulating 20,000
miles, and tractor-trailer combinations
for four years, accumulating 320,000
miles. He holds a Class A CDL from
Texas. His driving record for the last 3
years shows no crashes and no
convictions for moving violations in a
CMV.
Garry D. Burkholder
Mr. Burkholder, 58, has corneal
scarring and Descemet’s folds in his left
eye due to a traumatic incident during
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, ‘‘In my medical
opinion, he has been driving for the last
40 years without any issues and I
believe that with the use of his right eye
and his left eye for some peripheral
vision, he should have enough vision to
operate a commercial vehicle which he
has done safely in the past.’’ Mr.
Burkholder reported that he has driven
straight trucks for 10 years,
accumulating 300,000 miles, and
tractor-trailer combinations for 35 years,
accumulating 2.1 million miles. He
holds a Class A CDL from Pennsylvania.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Orlando A. Cabrera
Mr. Cabrera, 50, has had retinal
detachment in his left eye since 1991.
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,
‘‘Although Mr. Cabrera is a monocular
subject, I feel that he does have
adequate vision to drive a commercial
vehicle.’’
Mr. Cabrera reported that he has
driven straight trucks for 11 years,
accumulating 229,075 miles. He holds
an operator’s license from Florida. His
driving record for the last 3 years shows
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no crashes and no convictions for
moving violations in a CMV.
Dennis W. Cosens, Jr.
Mr. Cosens, 39, has had congenital
amblyopia in his left eye since
childhood. The visual acuity in his right
eye is 20/20, and in his left eye, 20/200.
Following an examination in 2015, his
optometrist stated, ‘‘It is my
determination that Mr. Dennis Cosens is
able to perform tasks required to operate
a commercial vehicle.’’ Mr. Cosens
reported that he has driven straight
trucks for 20 years, accumulating
800,000 miles. He holds an operator’s
license from New Mexico. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Rodney R. Dawson
Mr. Dawson, 50, has had a prosthetic
left eye since 2009. 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, ‘‘Mr. Dawson
has asked that I provide the information
as it pertains to his DOT physical
related to his visual results . . . Pt. [sic]
does have sufficient visual acuity w/the
right eye to perform duties with
caution.’’
Mr. Dawson reported that he has
driven straight trucks for 12 years,
accumulating 432,000 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 S. Devine
Mr. Devine, 56, has corneal scarring
in his left eye due to a traumatic
incident in 1984. The visual acuity in
his right eye is 20/20, and in his left eye,
20/60. Following an examination in
2014, his optometrist stated, ‘‘He has
sufficient functional vision to operate
safely a commercial vehicle.’’ Mr.
Devine reported that he has driven
straight trucks for 11.5 years,
accumulating 460,000 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.
Lenton L. Dunston, Jr.
Mr. Dunston, 70, has had amblyopia
with exotropia in his left eye since birth.
The visual acuity in his right eye is 20/
40, and in his left eye, 20/400.
Following an examination in 2015, his
ophthalmologist stated, ‘‘In my medical
opinion, the patient has sufficient vision
to preform [sic] the driving tasks
required to operate a commercial
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vehicle.’’ Mr. Dunston reported that he
has driven straight trucks for 2 years,
accumulating 4,000 miles, and tractortrailer combinations for 20 years,
accumulating two million 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.
Raymond C. Favreau
Mr. Favreau, 50, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is 20/60,
and in his left eye, 20/20. Following an
examination in 2015, his optometrist
stated, ‘‘Mr. Favreau has been
amblyopic in his right eye since very
early childhood. He has been driving
commercial vehicles for years without a
problem.’’ Mr. Favreau reported that he
has driven straight trucks for 25 years,
accumulating 1.63 million miles. He
holds a Class A CDL from Vermont. 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 J. Gargiulo
Mr. Gargiulo, 55, has had amblyopia
in his left eye since birth. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/50. Following an
examination in 2014, his
ophthalmologist stated, ‘‘I certify that in
my medical opinion, patient William
Gargiulo has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Gargiulo
reported that he has driven straight
trucks for 6.5 years, accumulating
65,000 miles. He holds an operator’s
license from Ohio. 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 one conviction
for a moving violation in a CMV; he
exceeded the speed limit by 15 mph.
Wladyslaw Gogola
Mr. Gogola, 45, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/200. Following an
examination in 2014, his
ophthalmologist stated, ‘‘With a normal
kinetic peripheral field in each eye and
normal color vision he has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Gogola reported that he
has driven straight trucks for five years,
accumulating 250,000 miles, and
tractor-trailer combinations for nine
years, accumulating 765,000 miles. He
holds a Class A CDL from Illinois. His
driving record for the last 3 years shows
two crashes, for which he was not cited
and to which he did not contribute, and
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no convictions for moving violations in
a CMV.
Antonio Gomez
Mr. Gomez, 59, has had amblyopia in
his right eye since childhood. The
visual acuity in his right eye is 20/60,
and in his left eye, 20/20. Following an
examination in 2015, his optometrist
stated, ‘‘In my professional opinion, Mr.
Gomez has sufficient vision in his left
eye to operate a commercial motor
vehicle.’’ Mr. Gomez reported that he
has driven straight trucks for 33 years,
accumulating 99,000 miles. He holds a
Class A CDL from Pennsylvania. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Fred S. Graham
Mr. Graham, 70, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/400. Following an
examination in 2014, his
ophthalmologist stated, ‘‘In my opinion
Mr. Graham has sufficient vision to
perform the driving tasks to operate a
commercial vehicle.’’ Mr. Graham
reported that he has driven straight
trucks for three years, accumulating
6,000 miles. He holds an operator’s
license from Tennessee. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Mark Grenier
Mr. Grenier, 52, has a prosthetic right
eye due to a traumatic incident in 1988.
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, ‘‘It is my medical
opinion that Mr. Grenier has sufficient
vision in his left eye to operate a
commercial vehicle.’’
Mr. Grenier reported that he has
driven straight trucks for 20 years,
accumulating 500,000 miles, and
tractor-trailer combinations for 20 years,
accumulating 300,000 miles. He holds a
Class A CDL from Connecticut. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Jay R. Hendricks
Mr. Hendricks, 53, has had amblyopia
in his right eye since birth. The visual
acuity in his right eye is 20/100, and in
his left eye, 20/20. Following an
examination in 2015, his optometrist
stated, ‘‘Yes, Mr. Hendricks has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Hendricks reported that he
has driven tractor-trailer combinations
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35701
for 17 years, accumulating 850,000
miles. He holds a Class A CDL from
Florida. His driving record for the last
3 years shows no crashes and no
convictions for moving violations in a
CMV.
Steven C. Holland
Mr. Holland, 55, has had amblyopia
and a macular hole resulting in central
scotoma in his right eye since birth. The
visual acuity in his right eye is 20/100,
and in his left eye, 20/20. Following an
examination in 2015 his optometrist
stated, ‘‘He has a history of amblyopia
in the right eye . . . The right eye does
have some slight pigmentary changes
within the macula and possibly small
macular hole explaining the reduction
in acuity . . . At this time, I do not see
anything that would limit Mr. Holland’s
ability to operate a commercial vehicle.’’
Mr. Holland reported that he has driven
tractor-trailer combinations for 27 years,
accumulating 583,200 miles. He holds a
Class A CDL from Oklahoma. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Acquillious Jackson III
Mr. Jackson, 61, has had aphakia and
corneal scarring resulting in amblyopia
in his left eye since childhood. The
visual acuity in his right eye is 20/15,
and in his left eye, counting fingers.
Following an examination in 2014, his
ophthalmologist stated, ‘‘In my medical
opinion Mr. Jackson has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Jackson reported that he
has driven buses for 37 years,
accumulating 588,744 miles. He holds a
Class B CDL from South Carolina. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Jimmy D. Johnson II
Mr. Johnson, 43, has had amblyopia
in his right eye since birth. The visual
acuity in his right eye is 20/60, and in
his left eye, 20/20. Following an
examination in 2015, his optometrist
stated, ‘‘In summary, Mr. Johnson is
well adapted to his long-standing
amblyopia and, in my medical opinion,
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Johnson
reported that he has driven straight
trucks for 25 years, accumulating
107,500 miles, and tractor-trailer
combinations for 15 years, accumulating
162,000 miles. He holds a Class AM
CDL from Tennessee. His driving record
for the last 3 years shows no crashes and
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no convictions for moving violations in
a CMV.
Bradley J. Kearl
Mr. Kearl, 45, has had congenital
glaucoma in his left eye since birth. The
visual acuity in his right eye is 20/25,
and in his left eye, 20/400. Following an
examination in 2015, his
ophthalmologist stated, ‘‘In my opinion,
he has sufficient vision to continue
performing the tasks necessary to
operate a commercial vehicle.’’ Mr.
Kearl reported that he has driven
straight trucks for 21 years,
accumulating 10,000 miles, and tractortrailer combinations for 10 years,
accumulating 10,000 miles. He holds a
Class A CDL from Utah. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Larry G. Kreke
Mr. Kreke, 61, has complete loss of
vision in his left eye due to a traumatic
incident during childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, no light perception.
Following an examination in 2015, his
optometrist stated, ‘‘Larry Kreke is a 61
year old commercial vehicle operator
. . . It is my clinical impression that
Mr. Kreke can operate the
aforementioned machinery as needed
without visual restrictions.’’ Mr. Kreke
reported that he has driven straight
trucks for 38 years, accumulating 1.7
million 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.
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Richard A. Lemke
Mr. Lemke, 64, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/50. Following an
examination in 2015, his optometrist
stated, ‘‘I certify that in my medical
opinion, Mr Lemke [sic] has sufficient
vision to operate a commercial vehicle.’’
Mr. Lemke reported that he has driven
straight trucks for 25 years,
accumulating 250,000 miles. He holds
an operator’s license from Wisconsin.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Lawrence McGowan
Mr. McGowan, 60, has had
staphyloma with optic atrophy in his
left eye since childhood. The visual
acuity in his right eye is 20/30, and in
his left eye, counting fingers. Following
an examination in 2014, his
ophthalmologist stated, ‘‘Formal HVF
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perimetry ordered 11–2014, >160
degrees of horizontal peripheral vision
. . . In my opinion, it is safe for him to
drive a commercial vehicle [sic].’’ Mr.
McGowan reported that he has driven
straight trucks for 39 years,
accumulating 585,000 miles, and
tractor-trailer combinations for 39 years,
accumulating 1.95 million miles. He
holds a Class A CDL from Ohio. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
James R. Milliken
Mr. Milliken, 64, has had a retinal
detachment in his left eye since 1980.
The visual acuity in his right eye is 20/
15, and in his left eye, light perception.
Following an examination in 2015, his
optometrist stated, ‘‘I certify that in my
medical opinion James R. Milliken has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Milliken reported that he
has driven straight trucks for 10.5 years,
accumulating 372,750 miles, and
tractor-trailer combinations for 5.5
years, accumulating 115,500 miles. He
holds a Class A CDL from Colorado. 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.
Christopher P. Mroczka
Mr. Mroczka, 26, has had refractive
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 2015, his
optometrist stated, ‘‘I have no doubt that
Mr. Mroczka’s vision is suitable to
operate a commercial vehicle.’’ Mr.
Mroczka reported that he has driven
straight trucks for 3.5 years,
accumulating 350,000 miles, and
tractor-trailer combinations for two
years, accumulating 600 miles. He holds
an operator’s license from Maryland.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Gary A. Oster, Jr.
Mr. Oster, 52, has a total cataract with
iris synechia 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 2015,
his optometrist stated, ‘‘In my opinion
Gary A. Oster has sufficient vision to
perform all driving tasks required to
operate a commercial vehicle.’’ Mr.
Oster reported that he has driven
straight trucks for three years,
accumulating 112,500 miles, and
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tractor-trailer combinations for 12.5
years, accumulating 1.1 million miles.
He holds a Class A CDL from Oregon.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Mark A. Pleskovitch
Mr. Pleskovitch, 59, 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 2015,
his optometrist stated, ‘‘Pt. [sic] Mark
Pleskovitch has enough vision in his left
eye to operate commercial vehical [sic]
to my knowledge upon examining his
left eye. But, In the end-decision to be
made by dept. of transportation.’’ Mr.
Pleskovitch reported that he has driven
tractor-trailer combinations for 32 years,
accumulating 2.24 million 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.
Edward J. Puto
Mr. Puto, 54, has an optic nerve injury
in his right eye due to a traumatic
incident during childhood. The visual
acuity in his right eye is light
perception, and in his left eye, 20/20.
Following an examination in 2015, his
optometrist stated, ‘‘Patient had eye
injury to Right Eye [sic] . . . With
correction on may safely operate a
commercial motor vehicle.’’ Mr. Puto
reported that he has driven straight
trucks for three years, accumulating
75,000 miles, and tractor-trailer
combinations for 30 years, accumulating
900,000 miles. He holds a Class A CDL
from Connecticut. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Andrew Risner
Mr. Risner, 26, has had amblyopia in
his left eye since birth. The visual acuity
in his right eye is 20/20, and in his left
eye, 20/200. Following an examination
in 2014, his optometrist stated, ‘‘Pt [sic]
demonstrates sufficient vision for
commercial vehicle operation.’’ Mr.
Risner reported that he has driven
straight trucks for 6 years, accumulating
150,000 miles. He holds an operator’s
license from Ohio. 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
16 mph.
Kyle B. Sharp
Mr. Sharp, 36, has had complete loss
of vision in his right eye since 2011 due
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Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices
to Neisseria meningitis. 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
understanding that Mr. Kyle Sharp
presently operates a commercial
vehicle. . . I found no evidence at his
vision exam of a progressive type of
ocular condition that would adversely
effect [sic] his current vision status or
performance.’’ Mr. Sharp reported that
he has driven straight trucks for 15
years, accumulating 150,000 miles, and
tractor-trailer combinations for 15 years,
accumulating 75,000 miles. He holds a
Class CA CDL from Michigan. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
tkelley on DSK3SPTVN1PROD with NOTICES
Francis A. St. Pierre
Mr. St. Pierre, 51, has had amblyopia
in his left eye since birth. 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, ‘‘It is my medical opinion that
Mr. St. Pierre has sufficient vision to
operate a vehicle, commercial or
otherwise, as his condition is congenital
and he has adapted to using his right
eye for his good central vision while
using both eyes for his peripheral
vision.’’ Mr. St. Pierre reported that he
has driven straight trucks for 30 years,
accumulating 420,000 miles, and
tractor-trailer combinations for 22 years,
accumulating 242,000 miles. He holds a
Class AMC CDL from New Hampshire.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Sukru Tamirci
Mr. Tamirci, 50, has a cataract,
mydriasis, and posterior senechiae in
his right eye due to a traumatic incident
in 1994. 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, ‘‘In
my medical opinion, he has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Tamirci reported that he
has driven straight trucks for three
years, accumulating 504,000 miles, and
buses for seven years, accumulating
910,000 miles. He holds an operator’s
license from New York. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
George F. Treece
Mr. Treece, 59, has had a retinal scar
in his left eye since childhood. The
visual acuity in his right eye is 20/20,
VerDate Sep<11>2014
17:45 Jun 19, 2015
Jkt 235001
and in his left eye, 20/200. Following an
examination in 2015, his optometrist
stated, ‘‘In my opinion, Mr. Treece has
proven historically his ability to operate
a commercial vehicle and also
demonstrates sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Treece reported that he has driven
straight trucks for 3 years, accumulating
1,500 miles, and tractor-trailer
combinations for 17 years, accumulating
476,000 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.
Jeff L. Wheeler
Mr. Wheeler, 50, has had amblyopia
in his left eye since birth. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/50. Following an
examination in 2015, his optometrist
stated, ‘‘I feel that Mr. Wheeler has
adequate vision to operate a commercial
vehicle and has been doing so for a
number of years.’’ Mr. Wheeler reported
that he has driven tractor-trailer
combinations for 25 years, accumulating
2.5 million 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.
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–2015–0052 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
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
35703
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
https://www.regulations.gov and insert
the docket number FMCSA–2015–0052
in the ‘‘Keyword’’ box and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ button and choose the
document listed to review. If you do not
have access to the Internet, you may
view the docket online by visiting the
Docket Management Facility in Room
W12–140 on the ground floor of the
DOT West Building, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., e.t., Monday
through Friday, except Federal holidays.
Issued on: June 9, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–15208 Filed 6–19–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0370]
Hours of Service of Drivers: U.S.
Department of Energy (DOE);
Application for Renewal of Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
FMCSA announces its
decision to grant the U.S. Department of
Energy’s (DOE) request for a renewal of
its exemption from the minimum 30minute rest break provision of the
Agency’s hours-of-service (HOS)
regulations for commercial motor
vehicle (CMV) drivers. The exemption
will enable DOE’s contract motor
carriers and their employee-drivers
transporting security-sensitive
radioactive materials to be treated the
same as drivers transporting explosives.
The exempted drivers will be allowed to
use 30 minutes or more of on-duty
‘‘attendance time’’ to meet the HOS rest
SUMMARY:
E:\FR\FM\22JNN1.SGM
22JNN1
Agencies
[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Notices]
[Pages 35699-35703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15208]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0052]
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 34 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 July 22, 2015. All
comments will be investigated by FMCSA. The exemptions will be issued
the day after the comment period closes.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2015-0052 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 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.
[[Page 35700]]
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 34 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
Robert J. Bickel
Mr. Bickel, 60, has had amblyopia in his left eye since 1996. The
visual acuity in his right eye is 20/20, and in his left eye, 20/400.
Following an examination in 2015, his optometrist stated, ``His vision
is 20/20 in the better eye and has sufficient vision to operate a
commercial vehicle.'' Mr. Bickel reported that he has driven straight
trucks for 13 years, accumulating 130,000 miles. He holds a Class CA
CDL from Michigan. His driving record for the last 3 years shows no
crashes and one conviction for a moving violation in a CMV; he
disobeyed a stop sign.
Steven J. Brauer
Mr. Brauer, 61, has complete loss of vision in his left eye since
1972. The visual acuity in his right eye is 20/20, and in his left eye,
counting fingers. Following an examination in 2014, his ophthalmologist
stated, ``Mr. Brauer has sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Brauer reported that he
has driven straight trucks for 35 years, accumulating 630,000 miles. He
holds an operator's license 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.
Steven R. Brinegar
Mr. Brinegar, 34, has a retinal detachment in his left eye due to a
traumatic incident in 1999. The visual acuity in his right eye is 20/
25, and in his left eye, light perception. Following an examination in
2015, his optometrist stated, ``Mr. Brinegar has sufficient vision to
perform the driving tasks required to operate a commercial vehicle in
my opinion.'' Mr. Brinegar reported that he has driven straight trucks
for one year, accumulating 20,000 miles, and tractor-trailer
combinations for four years, accumulating 320,000 miles. He holds a
Class A CDL from Texas. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Garry D. Burkholder
Mr. Burkholder, 58, has corneal scarring and Descemet's folds in
his left eye due to a traumatic incident during 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, ``In my
medical opinion, he has been driving for the last 40 years without any
issues and I believe that with the use of his right eye and his left
eye for some peripheral vision, he should have enough vision to operate
a commercial vehicle which he has done safely in the past.'' Mr.
Burkholder reported that he has driven straight trucks for 10 years,
accumulating 300,000 miles, and tractor-trailer combinations for 35
years, accumulating 2.1 million miles. He holds a Class A CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Orlando A. Cabrera
Mr. Cabrera, 50, has had retinal detachment in his left eye since
1991. 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, ``Although Mr. Cabrera is a monocular subject, I feel that he
does have adequate vision to drive a commercial vehicle.''
Mr. Cabrera reported that he has driven straight trucks for 11
years, accumulating 229,075 miles. He holds an operator's license from
Florida. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Dennis W. Cosens, Jr.
Mr. Cosens, 39, has had congenital amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/200. Following an examination in 2015, his optometrist stated,
``It is my determination that Mr. Dennis Cosens is able to perform
tasks required to operate a commercial vehicle.'' Mr. Cosens reported
that he has driven straight trucks for 20 years, accumulating 800,000
miles. He holds an operator's license from New Mexico. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Rodney R. Dawson
Mr. Dawson, 50, has had a prosthetic left eye since 2009. 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, ``Mr. Dawson has asked that I provide the information as it
pertains to his DOT physical related to his visual results . . . Pt.
[sic] does have sufficient visual acuity w/the right eye to perform
duties with caution.''
Mr. Dawson reported that he has driven straight trucks for 12
years, accumulating 432,000 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 S. Devine
Mr. Devine, 56, has corneal scarring in his left eye due to a
traumatic incident in 1984. The visual acuity in his right eye is 20/
20, and in his left eye, 20/60. Following an examination in 2014, his
optometrist stated, ``He has sufficient functional vision to operate
safely a commercial vehicle.'' Mr. Devine reported that he has driven
straight trucks for 11.5 years, accumulating 460,000 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.
Lenton L. Dunston, Jr.
Mr. Dunston, 70, has had amblyopia with exotropia in his left eye
since birth. The visual acuity in his right eye is 20/40, and in his
left eye, 20/400. Following an examination in 2015, his ophthalmologist
stated, ``In my medical opinion, the patient has sufficient vision to
preform [sic] the driving tasks required to operate a commercial
[[Page 35701]]
vehicle.'' Mr. Dunston reported that he has driven straight trucks for
2 years, accumulating 4,000 miles, and tractor-trailer combinations for
20 years, accumulating two million 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.
Raymond C. Favreau
Mr. Favreau, 50, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/60, and in his left
eye, 20/20. Following an examination in 2015, his optometrist stated,
``Mr. Favreau has been amblyopic in his right eye since very early
childhood. He has been driving commercial vehicles for years without a
problem.'' Mr. Favreau reported that he has driven straight trucks for
25 years, accumulating 1.63 million miles. He holds a Class A CDL from
Vermont. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
William J. Gargiulo
Mr. Gargiulo, 55, 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/
50. Following an examination in 2014, his ophthalmologist stated, ``I
certify that in my medical opinion, patient William Gargiulo has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Gargiulo reported that he has driven straight
trucks for 6.5 years, accumulating 65,000 miles. He holds an operator's
license from Ohio. 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 one conviction for a moving violation in a CMV; he exceeded the
speed limit by 15 mph.
Wladyslaw Gogola
Mr. Gogola, 45, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2014, his ophthalmologist stated,
``With a normal kinetic peripheral field in each eye and normal color
vision he has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Gogola reported that he has
driven straight trucks for five years, accumulating 250,000 miles, and
tractor-trailer combinations for nine years, accumulating 765,000
miles. He holds a Class A CDL from Illinois. His driving record for the
last 3 years shows two crashes, for which he was not cited and to which
he did not contribute, and no convictions for moving violations in a
CMV.
Antonio Gomez
Mr. Gomez, 59, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``In my
professional opinion, Mr. Gomez has sufficient vision in his left eye
to operate a commercial motor vehicle.'' Mr. Gomez reported that he has
driven straight trucks for 33 years, accumulating 99,000 miles. He
holds a Class A CDL from Pennsylvania. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Fred S. Graham
Mr. Graham, 70, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2014, his ophthalmologist stated, ``In
my opinion Mr. Graham has sufficient vision to perform the driving
tasks to operate a commercial vehicle.'' Mr. Graham reported that he
has driven straight trucks for three years, accumulating 6,000 miles.
He holds an operator's license from Tennessee. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Mark Grenier
Mr. Grenier, 52, has a prosthetic right eye due to a traumatic
incident in 1988. 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, ``It is my medical opinion that Mr.
Grenier has sufficient vision in his left eye to operate a commercial
vehicle.''
Mr. Grenier reported that he has driven straight trucks for 20
years, accumulating 500,000 miles, and tractor-trailer combinations for
20 years, accumulating 300,000 miles. He holds a Class A CDL from
Connecticut. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Jay R. Hendricks
Mr. Hendricks, 53, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/100, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``Yes,
Mr. Hendricks has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Hendricks reported that
he has driven tractor-trailer combinations for 17 years, accumulating
850,000 miles. He holds a Class A CDL from Florida. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Steven C. Holland
Mr. Holland, 55, has had amblyopia and a macular hole resulting in
central scotoma in his right eye since birth. The visual acuity in his
right eye is 20/100, and in his left eye, 20/20. Following an
examination in 2015 his optometrist stated, ``He has a history of
amblyopia in the right eye . . . The right eye does have some slight
pigmentary changes within the macula and possibly small macular hole
explaining the reduction in acuity . . . At this time, I do not see
anything that would limit Mr. Holland's ability to operate a commercial
vehicle.'' Mr. Holland reported that he has driven tractor-trailer
combinations for 27 years, accumulating 583,200 miles. He holds a Class
A CDL from Oklahoma. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Acquillious Jackson III
Mr. Jackson, 61, has had aphakia and corneal scarring resulting in
amblyopia in his left eye since childhood. The visual acuity in his
right eye is 20/15, and in his left eye, counting fingers. Following an
examination in 2014, his ophthalmologist stated, ``In my medical
opinion Mr. Jackson has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Jackson reported that
he has driven buses for 37 years, accumulating 588,744 miles. He holds
a Class B CDL from South Carolina. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Jimmy D. Johnson II
Mr. Johnson, 43, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``In
summary, Mr. Johnson is well adapted to his long-standing amblyopia
and, in my medical opinion, has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Johnson
reported that he has driven straight trucks for 25 years, accumulating
107,500 miles, and tractor-trailer combinations for 15 years,
accumulating 162,000 miles. He holds a Class AM CDL from Tennessee. His
driving record for the last 3 years shows no crashes and
[[Page 35702]]
no convictions for moving violations in a CMV.
Bradley J. Kearl
Mr. Kearl, 45, has had congenital glaucoma in his left eye since
birth. The visual acuity in his right eye is 20/25, and in his left
eye, 20/400. Following an examination in 2015, his ophthalmologist
stated, ``In my opinion, he has sufficient vision to continue
performing the tasks necessary to operate a commercial vehicle.'' Mr.
Kearl reported that he has driven straight trucks for 21 years,
accumulating 10,000 miles, and tractor-trailer combinations for 10
years, accumulating 10,000 miles. He holds a Class A CDL from Utah. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Larry G. Kreke
Mr. Kreke, 61, has complete loss of vision in his left eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/20, and in his left eye, no light perception. Following an
examination in 2015, his optometrist stated, ``Larry Kreke is a 61 year
old commercial vehicle operator . . . It is my clinical impression that
Mr. Kreke can operate the aforementioned machinery as needed without
visual restrictions.'' Mr. Kreke reported that he has driven straight
trucks for 38 years, accumulating 1.7 million 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.
Richard A. Lemke
Mr. Lemke, 64, 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/
50. Following an examination in 2015, his optometrist stated, ``I
certify that in my medical opinion, Mr Lemke [sic] has sufficient
vision to operate a commercial vehicle.'' Mr. Lemke reported that he
has driven straight trucks for 25 years, accumulating 250,000 miles. He
holds an operator's license from Wisconsin. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Lawrence McGowan
Mr. McGowan, 60, has had staphyloma with optic atrophy in his left
eye since childhood. The visual acuity in his right eye is 20/30, and
in his left eye, counting fingers. Following an examination in 2014,
his ophthalmologist stated, ``Formal HVF perimetry ordered 11-2014,
>160 degrees of horizontal peripheral vision . . . In my opinion, it is
safe for him to drive a commercial vehicle [sic].'' Mr. McGowan
reported that he has driven straight trucks for 39 years, accumulating
585,000 miles, and tractor-trailer combinations for 39 years,
accumulating 1.95 million miles. He holds a Class A CDL from Ohio. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
James R. Milliken
Mr. Milliken, 64, has had a retinal detachment in his left eye
since 1980. The visual acuity in his right eye is 20/15, and in his
left eye, light perception. Following an examination in 2015, his
optometrist stated, ``I certify that in my medical opinion James R.
Milliken has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Milliken reported that he has
driven straight trucks for 10.5 years, accumulating 372,750 miles, and
tractor-trailer combinations for 5.5 years, accumulating 115,500 miles.
He holds a Class A CDL from Colorado. 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.
Christopher P. Mroczka
Mr. Mroczka, 26, has had refractive 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 2015, his optometrist
stated, ``I have no doubt that Mr. Mroczka's vision is suitable to
operate a commercial vehicle.'' Mr. Mroczka reported that he has driven
straight trucks for 3.5 years, accumulating 350,000 miles, and tractor-
trailer combinations for two years, accumulating 600 miles. He holds an
operator's license from Maryland. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Gary A. Oster, Jr.
Mr. Oster, 52, has a total cataract with iris synechia 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 2015, his optometrist stated, ``In my
opinion Gary A. Oster has sufficient vision to perform all driving
tasks required to operate a commercial vehicle.'' Mr. Oster reported
that he has driven straight trucks for three years, accumulating
112,500 miles, and tractor-trailer combinations for 12.5 years,
accumulating 1.1 million miles. He holds a Class A CDL from Oregon. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Mark A. Pleskovitch
Mr. Pleskovitch, 59, 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 2015, his optometrist stated, ``Pt. [sic] Mark
Pleskovitch has enough vision in his left eye to operate commercial
vehical [sic] to my knowledge upon examining his left eye. But, In the
end-decision to be made by dept. of transportation.'' Mr. Pleskovitch
reported that he has driven tractor-trailer combinations for 32 years,
accumulating 2.24 million 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.
Edward J. Puto
Mr. Puto, 54, has an optic nerve injury in his right eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is light perception, and in his left eye, 20/20. Following an
examination in 2015, his optometrist stated, ``Patient had eye injury
to Right Eye [sic] . . . With correction on may safely operate a
commercial motor vehicle.'' Mr. Puto reported that he has driven
straight trucks for three years, accumulating 75,000 miles, and
tractor-trailer combinations for 30 years, accumulating 900,000 miles.
He holds a Class A CDL from Connecticut. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Andrew Risner
Mr. Risner, 26, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/200.
Following an examination in 2014, his optometrist stated, ``Pt [sic]
demonstrates sufficient vision for commercial vehicle operation.'' Mr.
Risner reported that he has driven straight trucks for 6 years,
accumulating 150,000 miles. He holds an operator's license from Ohio.
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 16 mph.
Kyle B. Sharp
Mr. Sharp, 36, has had complete loss of vision in his right eye
since 2011 due
[[Page 35703]]
to Neisseria meningitis. 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 understanding that Mr. Kyle
Sharp presently operates a commercial vehicle. . . I found no evidence
at his vision exam of a progressive type of ocular condition that would
adversely effect [sic] his current vision status or performance.'' Mr.
Sharp reported that he has driven straight trucks for 15 years,
accumulating 150,000 miles, and tractor-trailer combinations for 15
years, accumulating 75,000 miles. He holds a Class CA CDL from
Michigan. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Francis A. St. Pierre
Mr. St. Pierre, 51, has had amblyopia in his left eye since birth.
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, ``It is my medical opinion that Mr. St. Pierre has sufficient
vision to operate a vehicle, commercial or otherwise, as his condition
is congenital and he has adapted to using his right eye for his good
central vision while using both eyes for his peripheral vision.'' Mr.
St. Pierre reported that he has driven straight trucks for 30 years,
accumulating 420,000 miles, and tractor-trailer combinations for 22
years, accumulating 242,000 miles. He holds a Class AMC CDL from New
Hampshire. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Sukru Tamirci
Mr. Tamirci, 50, has a cataract, mydriasis, and posterior senechiae
in his right eye due to a traumatic incident in 1994. 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, ``In my medical
opinion, he has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Tamirci reported that he has
driven straight trucks for three years, accumulating 504,000 miles, and
buses for seven years, accumulating 910,000 miles. He holds an
operator's license from New York. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
George F. Treece
Mr. Treece, 59, has had a retinal scar in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/200. Following an examination in 2015, his optometrist stated,
``In my opinion, Mr. Treece has proven historically his ability to
operate a commercial vehicle and also demonstrates sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Treece reported that he has driven straight trucks for 3 years,
accumulating 1,500 miles, and tractor-trailer combinations for 17
years, accumulating 476,000 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.
Jeff L. Wheeler
Mr. Wheeler, 50, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/50.
Following an examination in 2015, his optometrist stated, ``I feel that
Mr. Wheeler has adequate vision to operate a commercial vehicle and has
been doing so for a number of years.'' Mr. Wheeler reported that he has
driven tractor-trailer combinations for 25 years, accumulating 2.5
million 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.
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-2015-0052 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-2015-0052 in the ``Keyword'' box and
click ``Search.'' Next, click ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.
Issued on: June 9, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-15208 Filed 6-19-15; 8:45 am]
BILLING CODE 4910-EX-P