6162 Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices 

2This report is available on the FMCSA Web site 

at http://www.fmcsa.dot.gov/facts-research/

research-technology/publications/medreport_

archives.htm. 

or provisions from which an exemption 

is granted. The notice must also specify 

the effective period of the exemption 

(up to 2 years) and explain the terms 

and conditions of the exemption. The 

exemption may be renewed. 

The current provisions of the FMCSRs 

concerning hearing state that a person is 

physically qualified to drive a CMV if 

that person 

First perceives a forced whispered voice in 

the better ear at not less than 5 feet with or 

without the use of a hearing aid or, if tested 

by use of an audiometric device, does not 

have an average hearing loss in the better ear 

greater than 40 decibels at 500 Hz, 1,000 Hz, 

and 2,000 Hz with or without a hearing aid 

when the audiometric device is calibrated to 

American National Standard (formerly ASA 

Standard) Z24.5—1951. 

49 CFR 391.41(b)(11). This standard was 

adopted in 1970, with a revision in 1971 

to allow drivers to be qualified under 

this standard while wearing a hearing 

aid, 35 FR 6458, 6463 (April 22, 1970) 

and 36 FR 12857 (July 3, 1971). 

FMCSA also issues instructions for 

completing the medical examination 

report and includes advisory criteria on 

the report itself to provide guidance for 

medical examiners in applying the 

hearing standard. See 49 CFR 391.43(f). 

The current advisory criteria for the 

hearing standard include a reference to 

a report entitled ‘‘Hearing Disorders and 

Commercial Motor Vehicle Drivers’’ 

prepared for the Federal Highway 

Administration, FMCSA’s predecessor, 

in 1993.2

FMCSA Requests Comments on the 

Exemption Applications 

FMCSA requests comments from all 

interested parties on whether a driver 

who cannot meet the hearing standard 

should be permitted to operate a CMV 

in interstate commerce. Further, the 

Agency asks for comments on whether 

a driver who cannot meet the hearing 

standard should be limited to operating 

only certain types of vehicles in 

interstate commerce, for example, 

vehicles without air brakes. The statute 

and implementing regulations 

concerning exemptions require that the 

Agency request public comments on all 

applications for exemptions. The 

Agency is also required to make a 

determination that an exemption would 

likely achieve a level of safety that is 

equivalent to, or greater than, the level 

that would be achieved absent such 

exemption before granting any such 

requests. 

Submitting Comments 

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 that FMCSA can contact you if there 

are questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov and in the 

search box insert the docket number 

‘‘FMCSA–2014–0107’’ and click the 

search button. When the new screen 

appears, click on the blue ‘‘Comment 

Now!’’ button on the right hand side of 

the page. On the new page, enter 

information required including the 

specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. 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. 

We will consider all comments and 

material received during the comment 

period and may change this proposed 

rule based on your comments. FMCSA 

may issue a final rule at any time after 

the close of the comment period. 

Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this preamble, 

To submit your comment online, go to 

http://www.regulations.gov and in the 

search box insert the docket number 

‘‘FMCSA–2014–0107’’ and click 

‘‘Search.’’ Next, click ‘‘Open Docket 

Folder’’ and you will find all documents 

and comments related to the proposed 

rulemaking. 

Information on Individual Applicants 

Thomas J. Bertling 

Mr. Bertling, 58, holds Class A 

commercial driver’s license (CDL) in 

Oregon. 

Molly R. Bergstrom 

Ms. Bergstrom, 37, holds an operator’s 

license in Iowa. 

John Luegene Huey, Jr. 

Mr. Huey, 50, holds a Class A 

commercial driver’s license (CDL) in 

Texas. 

Jesus L. Javier 

Mr. Javier, 24, holds an operator’s 

license in New Jersey. 

Paul Robert Langlois 

Mr. Langlois, 36, holds an operator’s 

license in Ohio. 

Samuel E. Lovley 

Mr. Lovley, 32, holds an operator’s 

license in Pennsylvania. 

Scott M. Putman 

Mr. Putman, 35, holds a Class A 

commercial driver’s license (CDL) in 

Pennsylvania. 

Laird Lamont Smith 

Mr. Smith, 59, holds a Class A 

commercial driver’s license (CDL) in 

Utah. 

Kirk A. Soneson 

Mr. Soneson, 48, holds an operator’s 

license in Ohio. 

Christopher King Warner 

Mr. Warner, 50, holds a Class A 

commercial driver’s license (CDL) in 

New York. 

Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315(b)(4), FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. The Agency will consider all 

comments received before the close of 

business March 6, 2015. Comments will 

be available for examination in the 

docket at the location listed under the 

ADDRESSES section of this notice. The 

Agency will file comments received 

after the comment closing date in the 

public docket, and will consider them to 

the extent practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should monitor the public 

docket for new material. 

Issued on: January 28, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–02134 Filed 2–3–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0301] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions, request for comments. 

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Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices 6163 

SUMMARY: FMCSA announces receipt of 

applications from 23 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 March 6, 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– 

2014–0301 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket numbers for this notice. Note 

that all comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov at any time or 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

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 23 

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 

Jason P. Atwater 

Mr. Atwater, 42, has had optic nerve 

damage and neuropathy due to 

meningitis in his right eye since 1993. 

The visual acuity in his right eye is light 

perception, and in his left eye, 20/20. 

Following an examination in 2014, his 

ophthalmologist stated, ‘‘In my medical 

opinion, I believe that he has sufficient 

vision to operate a commercial vehicle.’’ 

Mr. Atwater reported that he has driven 

straight trucks for 4 years, accumulating 

160,000 miles, and tractor-trailer 

combinations for 4 years, accumulating 

140,000 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. 

Barry W. Borger 

Mr. Borger, 69, has had a retinal 

detachment and phthisical cornea in his 

left eye since 2008. 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, ‘‘I believe that, in my opinion, 

Barry Borger has sufficient vision to 

perform the driving tasks required of 

him.’’ Mr. Borger reported that he has 

driven straight trucks for 40 years, 

accumulating one million miles. He 

holds a Class AM CDL from 

Pennsylvania. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

William W. Dugger 

Mr. Dugger, 49, 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 2014, his optometrist 

stated, ‘‘Therefore in my professional 

opinion Mr. Dugger has tested and has 

found to have sufficient vision to 

perform the tasks to safely operate a 

commercial vehicle.’’ Mr. Dugger 

reported that he has driven straight 

trucks for 5 years, accumulating 125,000 

miles. He holds a Class DB CDL from 

Kentucky. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Steven D. Ellsworth 

Mr. Ellsworth, 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 2014, his 

ophthalmologist stated, ‘‘It is my 

clinical opinion that his vision is stable 

from last year and he is fit to continue 

his position as a fleet technician, as well 

as his requirement to drive CMV 

vehicles as previously performed as part 

of his job duties.’’ Mr. Ellsworth 

reported that he has driven straight 

trucks for 7 years, accumulating 104,993 

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. 

Travis B. Giest 

Mr. Giest, 39, has macular and retinal 

scarring in his right eye due to a 

traumatic incident during childhood. 

The visual acuity in his right eye is 20/ 

200, and in his left eye, 20/20. 

Following an examination in 2014, his 

optometrist stated, ‘‘In my opinion, Mr. 

Giest has sufficient vision to operate a 

commercial vehicle.’’ Mr. Giest reported 

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6164 Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices 

that he has driven straight trucks for 3.5 

years, accumulating 27,300 miles, and 

tractor-trailer combinations for 3.5 

years, accumulating 27,300 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. 

Arlan T. Hrubes 

Mr. Hrubes, 66, has had central retinal 

artery obstruction and subsequent laser 

surgeries resulting in macular scars in 

his right eye since 1995. The visual 

acuity in his right eye is 20/400, and in 

his left eye, 20/15. Following an 

examination in 2014, his optometrist 

stated, ‘‘In my professional opinion the 

loss of Mr. Hrubes central vision of his 

right eye in no way restricts his ability 

to operate a commercial vehicle or any 

other vehicle and this is in agreement 

with scientific studies posing the 

question ‘‘what advantage does a two 

eye person have over a one eyed 

person.: The answer to that question is, 

‘‘very little’’. A two eye person has a 

spare, whereas a one eyed person does 

not.’’ Mr. Hrubes reported that he has 

driven straight trucks for 34 years, 

accumulating 170,000 miles, and 

tractor-trailer combinations for 26 years, 

accumulating 260,000 miles. He holds a 

Class A CDL from Wyoming. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Abdalla M. Jalili 

Mr. Jalili, 45, has had amblyopia since 

childhood and a retinal detachment 

since 2007, both in his left eye. The 

visual acuity in his right eye is 20/25, 

and in his left eye, 20/400. Following an 

examination in 2014, his optometrist 

stated, ‘‘Based on my medical opinion 

the patient has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. Jalili 

reported that he has driven straight 

trucks for 11 years, accumulating 82,500 

miles. He holds a Class D CDL from 

Illinois. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

David M. Krause 

Mr. Krause, 57, has had amblyopia in 

his right eye since birth. The visual 

acuity in his right eye is 20/80, and in 

his left eye, 20/20. Following an 

examination in 2014, his optometrist 

stated, ‘‘In my medical opinion, Mr. 

Krause possesses the necessary visual 

functioning to drive a commercial 

vehicle.’’ Mr. Krause reported that he 

has driven straight trucks for 3 years, 

accumulating 10,200 miles. He holds a 

Class ABCDM CDL from Wisconsin. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Stephen C. Martin 

Mr. Martin, 39, has had a corneal scar 

and 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 

optometrist stated, ‘‘In my medical 

opinion I certify that Stephen Martin 

has sufficient vision to perform the 

driving tasks required to operate a 

commercial motor vehicle.’’ Mr. Martin 

reported that he has driven straight 

trucks for 5 years, accumulating 400,000 

miles, and tractor-trailer combinations 

for 5 years, accumulating 400,000 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. 

Troy L. McCord 

Mr. McCord, 26, has had amblyopia in 

his right eye since childhood. The 

visual acuity in his right eye is 20/80, 

and in his left eye, 20/20. Following an 

examination in 2014, his optometrist 

stated, ‘‘Patient have [sic] sufficient 

vision to operate commercial vehicle.’’ 

Mr. McCord reported that he has driven 

straight trucks for 2 years, accumulating 

60,000 miles. He holds an operator’s 

license from Texas. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

Ronald M. Metzger 

Mr. Metzger, 50, has had a 

conjunctional cyst and retinal 

detachment in his left eye since 2011. 

The visual acuity in his right eye is 20/ 

20, and in his left eye, 20/125. 

Following an examination in 2014, his 

ophthalmologist stated, ‘‘Based on 

todays [sic] exam, Pt [sic] has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Metzger reported that he 

has driven straight trucks for 23 years, 

accumulating 2.3 million miles. He 

holds a Class A CDL from New York. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Gerald D. Milner, Jr. 

Mr. Milner, 47, has corneal scarring in 

his right eye due to a traumatic incident 

during childhood. The visual acuity in 

his right eye is hand motion, and in his 

left eye, 20/20. Following an 

examination in 2014, his optometrist 

stated, ‘‘Dr [sic] Valenti certifies through 

the examination and my medical 

opinion that Gerald Milner has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Milner reported that he 

has driven straight trucks for 28 years, 

accumulating 121,464 miles. He holds 

an operator’s license from Illinois. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Ali Nimer 

Mr. Nimer, 53, has a corneal scar and 

iris scarring in his right eye due to a 

traumatic incident during childhood. 

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, ‘‘In my opinion 

Mr. Nimer has sufficient vision to 

perform driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Nimer reported that he has driven 

straight trucks for 9 years, accumulating 

37,080 miles. He holds an operator’s 

license from Illinois. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

Richard A. Pierce 

Mr. Pierce, 44, has had strabismic 

amblyopia in his right eye since 

childhood. The visual acuity in his right 

eye is 20/200, and in his left eye, 20/20. 

Following an examination in 2014, his 

optometrist stated, ‘‘After completion of 

my examination it is my professional 

opinion that Mr. Pierce has sufficient 

vision to perform the tasks needed to 

operate a commercial vehicle.’’ Mr. 

Pierce reported that he has driven 

straight trucks for 5 years, accumulating 

50,000 miles. He holds a Class A CDL 

from Missouri. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Richard D. Pontious 

Mr. Pontious, 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, 20/60. Following an 

examination in 2014, his optometrist 

stated, ‘‘In my opinion, Richard D [sic] 

Pontious has sufficient vision to 

perform the tasks required to operate a 

commercial vehicle.’’ Mr. Pontious 

reported that he has driven tractortrailer combinations for 26 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. 

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Richard P. Rebel 

Mr. Rebel, 75, has had complete loss 

of vision due to chorioretinal scarring in 

his left eye since birth. The visual acuity 

in his right eye is 20/20, and in his left 

eye, hand motion. Following an 

examination in 2014, his optometrist 

stated, ‘‘Richard has sufficient vision 

and driving experience to drive a 

commercial vehicle with a license 

restricted to corrective lenses and 

outside mirrors.’’ Mr. Rebel reported 

that he has driven straight trucks for 35 

years, accumulating 577,500 miles. He 

holds a Class B CDL from North Dakota. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Kevin L. Riddle 

Mr. Riddle, 49, has had amblyopia 

with a retinal scar in his left eye since 

birth. The visual acuity in his right eye 

is 20/20, and in his left eye, hand 

motion. Following an examination in 

2014, his optometrist stated, ‘‘Certifies 

that in his/her medial opinion, you have 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle. Yes, Patient Has Sufficient 

Vision to perform Drving [sic] tasks.’’ 

Mr. Riddle reported that he has driven 

straight trucks for 6 years, accumulating 

282,000 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. 

Mustafa Shahadeh 

Mr. Shahadeh, 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, 20/200. Following an 

examination in 2014, his 

ophthalmologist stated, ‘‘He has a 

lifelong history of amblyopia and his 

vision was consistent on all of his 

examinations . . . He easily exceeds the 

standards for a non CDL driver’s license 

and I see no reason he cannot drive 

commercial vehicles safely.’’ Mr. 

Shahadeh reported that he has driven 

straight trucks for 16 years, 

accumulating 128,000 miles. He holds 

an operator’s license from Ohio. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Charles P. Smith 

Mr. Smith, 66, has a prosthetic left 

eye due to a traumatic incident in 2010. 

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, ‘‘Charles 

Smith has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Smith 

reported that he has driven straight 

trucks for 43 years, accumulating 

430,000 miles, and tractor-trailer 

combinations for 24 years, accumulating 

2.4 million miles. He holds a Class A 

CDL from Missouri. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

Timothy R. Tedford 

Mr. Tedford, 42, has corneal scarring 

in his right eye due to a traumatic 

incident in 1999. The visual acuity in 

his right eye is hand motion, and in his 

left eye, 20/20. Following an 

examination in 2014, his optometrist 

stated, ‘‘I certify that in my professional 

medical opinion, Mr. Tedford has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Tedford reported that he 

has driven tractor-trailer combinations 

for 23 years, accumulating 345,000 

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. 

Sean E. Twohig 

Mr. Twohig, 51, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/20, and in 

his left eye, counting fingers. Following 

an examination in 2014, his 

ophthalmologist stated, ‘‘It is my 

medical opinion that Sean Twohig has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Twohig reported that he 

has driven straight trucks for 25 years, 

accumulating 2.5 million 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. 

Melvin L. Vaughn 

Mr. Vaughn, 68, has had central 

retinal vein occlusion in his left eye 

since 2012. The visual acuity in his 

right eye is 20/20, and in his left eye, 

20/400. Following an examination in 

2014, his optometrist stated, ‘‘It is in my 

medical opinion that this gentleman has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Vaughn reported that he 

has driven tractor-trailer combinations 

for 40 years, accumulating four million 

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. 

Rick L. Wood 

Mr. Wood, 56, has had a macular scar 

in his right eye since childhood. The 

visual acuity in his right eye is 20/400, 

and in his left eye, 20/20. Following an 

examination in 2014, his 

ophthalmologist stated, ‘‘In my medical 

opinion, due to his stable ocular status 

and good visual fields, he has sufficient 

vision to perform in his driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Wood reported that he has 

driven straight trucks for 15 years, 

accumulating 150,000 miles. He holds a 

Class B CDL from Pennsylvania. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

III. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice, indicate the specific section of 

this document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. FMCSA recommends that 

you include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so the Agency can contact you if it has 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov and put the 

docket number FMCSA–2014–0301 in 

the ‘‘Keyword’’ box, and click ‘‘Search. 

When the new screen appears, click on 

‘‘Comment Now!’’ button and type your 

comment into the text box in the 

following screen. Choose whether you 

are submitting your comment as an 

individual or on behalf of a third party 

and then submit. . If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit comments by mail and would 

like to know that they reached the 

facility, please enclose a stamped, selfaddressed postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period and may change this 

notice based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

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6166 Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices 

http://www.regulations.gov and insert 

the docket number FMCSA–2014–0301 

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: January 28, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–02133 Filed 2–3–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0381] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 12 individuals for an 

exemption from the prohibition against 

persons with a clinical diagnosis of 

epilepsy or any other condition which 

is likely to cause a loss of consciousness 

or any loss of ability to operate a 

commercial motor vehicle (CMV) from 

operating CMVs in interstate commerce. 

The regulation and the associated 

advisory criteria published in the Code 

of Federal Regulations as the 

‘‘Instructions for Performing and 

Recording Physical Examinations’’ have 

resulted in numerous drivers being 

prohibited from operating CMVs in 

interstate commerce based on the fact 

that they have had one or more seizures 

and are taking anti-seizure medication, 

rather than an individual analysis of 

their circumstances by a qualified 

medical examiner. If granted, the 

exemptions would enable these 

individuals who have had one or more 

seizures and are taking anti-seizure 

medication to operate CMVs for 2 years 

in interstate commerce. 

DATES: Comments must be received on 

or before March 6, 2015. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2014–0381 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online 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. 

Each submission must include the 

Agency name and the docket ID for this 

Notice. Note that DOT posts all 

comments received without change to 

http://www.regulations.gov, including 

any personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov at any time or 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on January 17, 2008 

(73 FR 3316; January 17, 2008). This 

information is also available at http://

Docketinfo.dot.gov. 

FOR FURTHER INFORMATION CONTACT: 

Charles A. Horan, III, Director, Office of 

Carrier, Driver and Vehicle Safety, (202) 

366–4001, or via email at 

fmcsamedical@dot.gov, or by letter 

FMCSA, Room W64–113, Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. Office hours are from 8:30 a.m. to 

5 p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 31315 and 31136(e), 

FMCSA may grant an exemption for a 2- 

year period if it finds ‘‘such exemption 

would likely achieve a level of safety 

that is equivalent to or greater than the 

level that would be achieved absent 

such exemption.’’ The statutes also 

allow the Agency to renew exemptions 

at the end of the 2-year period. The 12 

individuals listed in this notice have 

recently requested an exemption from 

the epilepsy prohibition in 49 CFR 

391.41(b)(8), which applies to drivers 

who operate CMVs as defined in 49 CFR 

390.5, in interstate commerce. Section 

391.41(b)(8) states that a person is 

physically qualified to drive a 

commercial motor vehicle if that person 

has no established medical history or 

clinical diagnosis of epilepsy or any 

other condition which is likely to cause 

the loss of consciousness or any loss of 

ability to control a CMV. 

FMCSA provides medical advisory 

criteria for use by medical examiners in 

determining whether drivers with 

certain medical conditions should be 

certified to operate CMVs in intrastate 

commerce. The advisory criteria 

indicate that if an individual has had a 

sudden episode of a non-epileptic 

seizure or loss of consciousness of 

unknown cause which did not require 

anti-seizure medication, the decision 

whether that person’s condition is likely 

to cause the loss of consciousness or 

loss of ability to control a CMV should 

be made on an individual basis by the 

medical examiner in consultation with 

the treating physician. Before 

certification is considered, it is 

suggested that a 6-month waiting period 

elapse from the time of the episode. 

Following the waiting period, it is 

suggested that the individual have a 

complete neurological examination. If 

the results of the examination are 

negative and anti-seizure medication is 

not required, then the driver may be 

qualified. 

In those individual cases where a 

driver had a seizure or an episode of 

loss of consciousness that resulted from 

a known medical condition (e.g., drug 

reaction, high temperature, acute 

infectious disease, dehydration, or acute 

metabolic disturbance), certification 

should be deferred until the driver has 

fully recovered from that condition, has 

no existing residual complications, and 

is not taking anti-seizure medication. 

Drivers who have a history of epilepsy/ 

seizures, off anti-seizure medication and 

seizure-free for 10 years, may be 

qualified to operate a CMV in interstate 

commerce. Interstate drivers with a 

history of a single unprovoked seizure 

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