Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 14223 

trucks and buses have an elevated 

seating position that greatly improves 

the forward visual field of the driver, 

and any impairment of available sight 

lines would be minimal; and (3) the 

location within the top or bottom four 

inches of the area swept by the 

windshield wiper and out of the driver’s 

normal sightline will be reasonable and 

enforceable at roadside. In addition, the 

Agency believes that the use of the 

Mobileye CAS by fleets is likely to 

improve the overall level of safety to the 

motoring public. 

This action is consistent with 

previous Agency actions permitting the 

similar placement of video event 

recorders on CMVs, within the swept 

area of the windshield wipers. FMCSA 

has granted temporary exemptions to 

Greyhound Lines, Inc. and to DriveCam, 

Inc. regarding the use of the video event 

recorders to increase safety through (1) 

identification and remediation of risky 

driving behaviors such as distracted 

driving and drowsiness, (2) enhanced 

monitoring of passenger behavior on 

CMVs in passenger service, and (3) 

enhanced collision review and analysis. 

Both of these exemptions have been 

renewed for two additional 2-year 

periods, as FMCSA is not aware of any 

evidence showing that the installation 

of the devices in the upper area of the 

windshield has resulted in any 

degradation in safety. The Agency has 

not received any feedback from 

interested parties suggesting that use of 

safety devices/technology in the 

windshield area have had an adverse 

impact on safety. 

This action is also consistent with 

previous Agency actions permitting the 

similar placement of lane departure 

warning system sensors on CMVs, 

within the swept area of the windshield 

wipers. FMCSA initially granted 

temporary exemptions to Con-way 

Freight, TK Holdings, Inc., and Iteris, 

Inc. regarding the use of lane departure 

warning systems to increase safety by 

alerting drivers who unintentionally 

drift out of their lane of travel. The 

Agency renewed the exemptions for an 

additional 2-year period, and while the 

original exemptions granted relief to 

motor carriers using only the Takata and 

Iteris lane departure warning systems, 

the Agency determined—given that it 

has not been made aware of any 

reduction in the level of safety 

associated with the use of those 

systems—that it was appropriate to 

extend the scope of the exemption to 

encompass motor carriers using any 

lane departure warning system, 

provided that such sensors (1) are the 

same size or smaller than the Takata and 

Iteris (now Bendix) sensors, and (2) 

mounted in the windshield in 

accordance with the provisions of the 

original exemption. 

FMCSA continues to believe that the 

potential safety gains from the use of 

video event recorders and lane 

departure waning systems to improve 

driver behavior and performance will 

improve the overall level of safety to the 

motoring public. The Agency believes 

the same is true regarding the use of the 

Mobileye CAS. 

Terms and Conditions for the 

Exemption 

The Agency hereby grants the 

exemption for a two-year period, 

beginning March 18, 2015 and ending 

March 20, 2017. During the temporary 

exemption period, motor carriers using 

the Mobileye CAS must ensure that the 

sensor is mounted not more than 100 

mm (4 inches) below the upper edge, or 

above the lower edge, of the area swept 

by the windshield wipers, and outside 

the driver’s sight lines to the road and 

highway signs and signals. The 

exemption will be valid for two years 

unless rescinded earlier by FMCSA. The 

exemption will be rescinded if: (1) 

Motor carriers and/or commercial motor 

vehicles fail to comply with the terms 

and conditions of the exemption; (2) the 

exemption has resulted in a lower level 

of safety than was maintained before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objectives of 49 U.S.C. 

31136(e) and 31315(b). 

Interested parties possessing 

information that would demonstrate 

that motor carriers using the Mobileye 

CAS are not achieving the requisite 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any such 

information and, if safety is being 

compromised or if the continuation of 

the exemption is not consistent with 49 

U.S.C. 31136(e) and 31315(b), will take 

immediate steps to revoke the 

exemption. 

Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with or is 

inconsistent with this exemption with 

respect to a person operating under the 

exemption. 

Issued on: March 12, 2015. 

T.F. Scott Darling, III, 

Acting Administrator. 

[FR Doc. 2015–06180 Filed 3–17–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0304] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions, request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 28 individuals for 

exemption from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations. They are unable to meet 

the vision requirement in one eye for 

various reasons. The exemptions will 

enable these individuals to operate 

commercial motor vehicles (CMVs) in 

interstate commerce without meeting 

the prescribed vision requirement in 

one eye. If granted, the exemptions 

would enable these individuals to 

qualify as drivers of commercial motor 

vehicles (CMVs) in interstate commerce. 

DATES: Comments must be received on 

or before April 17, 2015. All comments 

will be investigated by FMCSA. The 

exemptions will be issued the day after 

the comment period closes. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2014–0304 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

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

through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket numbers for this notice. Note 

that all comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov at any time or 

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14224 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

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

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: 

Charles A. Horan, III, Director, Carrier, 

Driver and Vehicle Safety Standards, 

(202) 366–4001, fmcsamedical@dot.gov, 

FMCSA, Department of Transportation, 

1200 New Jersey Avenue SE., Room 

W64–224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 

p.m., Monday through Friday, except 

Federal holidays. If you have questions 

regarding viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Background 

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

FMCSA may grant an exemption from 

the Federal Motor Carrier Safety 

Regulations for a 2-year period if it finds 

‘‘such exemption would likely achieve a 

level of safety that is equivalent to or 

greater than the level that would be 

achieved absent such exemption.’’ 

FMCSA can renew exemptions at the 

end of each 2-year period. The 28 

individuals listed in this notice have 

each requested such an exemption from 

the vision requirement in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce. 

Accordingly, the Agency will evaluate 

the qualifications of each applicant to 

determine whether granting an 

exemption will achieve the required 

level of safety mandated by statute. 

II. Qualifications of Applicants 

Dakota A. Albrecht 

Mr. Albrecht, 27, has a retinal scar in 

his right eye due to a traumatic incident 

in 2010. The visual acuity in his right 

eye is 20/150, and in his left eye, 20/15. 

Following an examination in 2014, his 

optometrist stated, ‘‘It is our opinion 

that he has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Albrecht 

reported that he has driven tractortrailer combinations for 7 years, 

accumulating 700,000 miles. He holds a 

Class A CDL from Minnesota. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Joseph L. Beverly 

Mr. Beverly, 58, has had complete 

loss of vision in his right eye since 2011 

due to a central retinal artery occlusion. 

The visual acuity in his right eye is 

counting fingers, and in his left eye, 20/ 

20. Following an examination in 2014, 

his ophthalmologist stated, ‘‘It is my 

medical opinion as an ophthalmologist 

that Mr. Beverly has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Beverly reported that he has driven 

tractor-trailer combinations for 16 years, 

accumulating 960,000 miles. He holds 

an operator’s license from Florida. His 

driving record for the last 3 years shows 

no crashes and one conviction for a 

moving violation in a CMV; he exceeded 

the speed limit by 21 miles per hour. 

Jaroslav Cigler 

Mr. Cigler, 64, has had a branch 

retinal vein occlusion in his right eye 

since 2011. The visual acuity in his 

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

20/20. Following an examination in 

2014, his optometrist stated, ‘‘Dr. 

Komyatte certifies that in her medical 

opinion, Mr. Cigler has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Cigler reported that he has driven 

tractor-trailer combinations for 20 years, 

accumulating 2.6 million miles. He 

holds an operator’s license from 

Indiana. His driving record for the last 

3 years shows one crash, for which he 

was not cited and did not contribute, 

and two convictions for moving 

violations in a CMV; in one instance he 

disregarded a traffic signal, and in 

another he was cited for improper lane 

usage. 

David E. Crane 

Mr. Crane, 59, has had amblyopia in 

his right eye since birth. The visual 

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

his left eye, 20/25. Following an 

examination in 2014, his optometrist 

stated, ‘‘I also certify that he has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Crane reported that he has 

driven straight trucks for 28 years, 

accumulating 700,000 miles. He holds a 

Class A CDL from Ohio. His driving 

record for the last 3 years shows no 

crashes and one conviction for a moving 

violation in a CMV; he was operating a 

CMV in a no truck zone. 

Alan J. Daisey 

Mr. Daisey, 63, has complete loss of 

vision in his left eye due to a traumatic 

incident in childhood. The visual acuity 

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

eye, no light perception. Following an 

examination in 2014, his optometrist 

stated, ‘‘Mr. Daisey’s vision is good 

enough to have a commercial license.’’ 

Mr. Daisey reported that he has driven 

straight trucks for 18 years, 

accumulating 18,000 miles. He holds a 

Class CB CDL from Delaware. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Terry L. Daneau 

Mr. Daneau, 54, has had amblyopia in 

his left eye since birth. The visual acuity 

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

eye, 20/300. Following an examination 

in 2014, his optometrist stated, ‘‘I 

believe that Terry Daneau possesses 

sufficient vision to maintain a CDL as 

long as glasses are worn.’’ Mr. Daneau 

reported that he has driven straight 

trucks for 16 years, accumulating 

800,000 miles. He holds a Class B MC 

CDL from New Hampshire. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Ronald A. Doyle 

Mr. Doyle, 53, has had a corneal scar 

in his right eye since 1985. The visual 

acuity in his right eye is 20/60, and in 

his left eye, 20/25. Following an 

examination in 2014, his optometrist 

stated, ‘‘Upon examining patient I 

certify that in my medical opinion, has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle with a license (non-CDL) as 

explained in #1 Proof of Commercial 

License.’’ Mr. Doyle reported that he has 

driven straight trucks for 14 years, 

accumulating 121,422 miles. He holds a 

Class D license from New York. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Darin T. Eubank 

Mr. Eubank, 25, has had refractive 

amblyopia in his right eye since birth. 

The visual acuity in his right eye is 20/ 

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

Following an examination in 2014, his 

optometrist stated, ‘‘Darin has sufficient 

vision to drive a commercial vehicle.’’ 

Mr. Eubank reported that he has driven 

straight trucks for 9 years, accumulating 

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51,300 miles, and tractor-trailer 

combinations for 5 years, accumulating 

17,500 miles. He holds a Class A CDL 

from Virginia. His driving record for the 

last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Dan J. Feik 

Mr. Feik, 53, has a prosthetic left eye 

due to a traumatic incident in 1989. The 

visual acuity in his right eye is 20/15, 

and in his left eye, no light perception. 

Following an examination in 2015, his 

ophthalmologist stated, ‘‘It is my 

opinion that Mr. Feik has excellent 

peripheral vision and visual acuity in 

the right eye to perform the tasks 

required of him to operate a commercial 

vehicle without reservations.’’ Mr. Feik 

reported that he has driven straight 

trucks for 8 years, accumulating 380,000 

miles. He holds a Class BM CDL from 

Illinois. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Phillip E. Fitzpatrick 

Mr. Fitzpatrick, 38, has had 

amblyopia in his left eye since 

childhood. The visual acuity in his right 

eye is 20/20, and in his left eye, 20/70. 

Following an examination in 2014, his 

optometrist stated, ‘‘Based on the 

longstanding nature of Phillip’s 

amblyopia in the left eye and the fact he 

has had a CDL for a number of years I 

believe that Phillip can safely and 

effectively operate a vehicle that 

requires a CDL.’’ Mr. Fitzpatrick 

reported that he has driven straight 

trucks for 18 years, accumulating 90,000 

miles. He holds a Class B CDL from New 

Mexico. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

William H. Fleming 

Mr. Fleming, 68, has had a branch 

vein occlusion in his right eye since 

2012. The visual acuity in his right eye 

is 20/60, and in his left eye, 20/25. 

Following an examination in 2014, his 

optometrist stated, ‘‘In my medical 

opinion, 

William Fleming has sufficient vision 

to perform the driving task required to 

operate a commercial vehicle.’’ Mr. 

Fleming reported that he has driven 

buses for 3 years, accumulating 78,000 

miles. He holds a Class B CDL from 

Oregon. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Lucien W. Foote III 

Mr. Foote, 61, has had exotropia with 

amblyopia in his left eye since 

childhood. The visual acuity in his right 

eye is 20/25, and in his left eye, 20/80. 

Following an examination in 2014, his 

optometrist stated, ‘‘In my medical 

opinion, he has sufficient vision to 

perform the necessary driving tasks for 

a commercial vehicle.’’ 

Mr. Foote reported that he has driven 

straight trucks for 29 years, 

accumulating 435,000 miles. He holds a 

Class A MC CDL from New Hampshire. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Jimmy F. Garrett 

Mr. Garrett, 61, has complete loss of 

vision in his right eye due to a traumatic 

incident in 1974. The visual acuity in 

his right eye is no light perception, and 

in his left eye, 20/20. Following an 

examination in 2015, his optometrist 

stated, ‘‘Due to his driving record and 

excellent vision in his left eye I feel 

Jimmy can operate a commercial vehicle 

safely.’’ Mr. Garrett reported that he has 

driven straight trucks for 6 years, 

accumulating 36,000 miles, and tractortrailer combinations for 26 years, 

accumulating 2.34 million miles. He 

holds a Class A CDL from Arkansas. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Odus P. Gautney III 

Mr. Gautney, 61, has had glaucoma in 

his left eye since 1983. The visual acuity 

in his right eye is 2030, and in his left 

eye, 20/400. Following an examination 

in 2014, his ophthalmologist stated, 

‘‘The above named patient has had the 

diagnosis of glaucoma for over 30 years 

. . . The patient can perform all tasks 

required to maintain CDL certification.’’ 

Mr. Gautney reported that he has driven 

tractor-trailer combinations for 18 years, 

accumulating 1.8 million miles. He 

holds a Class AM CDL from Texas. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Dale R. Goodell 

Mr. Goodell, 73, has glaucoma in his 

left eye due to a traumatic incident in 

1991. The visual acuity in his right eye 

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

fingers. Following an examination in 

2014, his optometrist stated, ‘‘Attn: 

Vision Program U.S. Dept of 

Transportation . . . Considering the fact 

this vision defect in the left eye is 

longstanding I would state Dale has over 

time adapted to the loss of vision and 

should continue to be able to operate a 

motor vehicle safely.’’ Mr. Goodell 

reported that he has driven straight 

trucks for 56 years, accumulating 5.6 

million miles, and tractor-trailer 

combinations for 42 years, accumulating 

1.05 million miles. He holds a Class A 

CDL from South Dakota. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Elmer Y. Mendoza 

Mr. Mendoza, 35, has had 

histoplasmosis in his right eye since 

childhood. The visual acuity in his right 

eye is 20/100, and in his left eye, 20/20. 

Following an examination in 201X, his 

optometrist stated, ‘‘I believe Mr. 

Mendoza does have sufficient vision 

required for CDL.’’ Mr. Mendoza 

reported that he has driven tractortrailer combinations for nine years, 

accumulating 954,000 miles. He holds a 

Class A CDL from Virginia. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Andrew M. Miller 

Mr. Miller, 60, has retinal detachment 

in his right eye due to a traumatic 

incident in 1972. The visual acuity in 

his right eye is light perception, and in 

his left eye, 20/20. Following an 

examination in 2014, his optometrist 

stated, ‘‘He is able to perform the 

required visual tasks associated with 

commercial driving skills.’’ Mr. Miller 

reported that he has driven straight 

trucks for 10 years, accumulating 

110,000 miles. He holds an operator’s 

license from Iowa. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Richard N. Moyer, Jr. 

Mr. Moyer, 47, has had a retinal 

detachment in his left eye since 1990. 

The visual acuity in his right eye is 20/ 

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

Following an examination in 2015, his 

ophthalmologist stated, ‘‘Field is full od 

and doesn’t compromise his ability to 

function as a commercial driver.’’ Mr. 

Moyer reported that he has driven 

straight trucks for 29 years, 

accumulating 870,000 miles, and 

tractor-trailer combinations for 26 years, 

accumulating 260,000 miles. He holds a 

Class AM CDL from Pennsylvania. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Heath A. Pillig 

Mr. Pillig, 43, has had anisometropia 

with amblyopia in his left eye since 

childhood. The visual acuity in his right 

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eye is 20/20, and in his left eye, 20/100. 

Following an examination in 2014, his 

ophthalmologist stated, ‘‘Given his 

history and current visual acuity I feel 

he has sufficient vision to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Pillig reported 

that he has driven straight trucks for 7.5 

years, accumulating 881,250 miles, and 

tractor-trailer combinations for 13 years, 

accumulating 1.53 million miles. He 

holds a Class A CDL from Washington. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Alonzo K. Rawls 

Mr. Rawls, 46, has had amblyopia in 

his left eye since childhood. The visual 

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

his left eye, 20/400. Following an 

examination in 2015, his 

ophthalmologist stated, ‘‘Patient has a 

corneal scar from an accident OS in 

1990. Vision has been poor since then. 

Patient obtained a commercial license in 

2008 and 2010, but needs re-evaluation 

to see if he qualifies for an exemption 

for a CDL license. The patient, based 

upon his examination today, does not 

meet the requirements for a CDL. 

However, the patient has had a CDL in 

the past with no accidnets on record. If 

appropriate, the patient would desire a 

road test to prove his ability to safely 

drive and quality [sic] for an 

exemption.’’ Mr. Rawls reported that he 

has driven straight trucks for 3 years, 

accumulating 18,375 miles. He holds a 

Class A CDL from New Jersey. His 

driving record for the last 3 years shows 

one crash, for which he was not cited 

and to which he did not contribute, and 

no convictions for moving violations in 

a CMV. 

John R. Ropp 

Mr. Ropp, 72, has had histoplasmosis 

in his left eye since 1973. The visual 

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

his left eye, light perception. Following 

an examination in 2014, his optometrist 

stated, ‘‘In my opinion I believe with his 

record of 30 plus years without an 

accident or moving violation I don’t feel 

his vision will be a concern in regards 

to driving a commercial vehicle.’’ Mr. 

Ropp reported that he has driven 

straight trucks for 34 years, 

accumulating 68,000 miles, and tractortrailer combinations for 34 years, 

accumulating 68,000 miles. He holds a 

Class A CDL from Illinois. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Timothy J. Slone 

Mr. Slone, 51, has a prosthetic right 

eye due to a traumatic incident in 

childhood. The visual acuity in his right 

eye is no light perception, and in his left 

eye, 20/20. Following an examination in 

2014, his optometrist stated, ‘‘Mr. Slone 

has sufficient vision to operate a 

commercial vehicle under the following 

restrictions (a) spectacle RX (b) 

passenger mirror.’’ Mr. Slone reported 

that he has driven straight trucks for 35 

years, accumulating 1.75 million miles. 

He holds an operator’s license from 

Kentucky. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

David L. Sorensen 

Mr. Sorensen, 57, has complete loss of 

vision in his right eye due to a traumatic 

incident at birth. The visual acuity in 

his right eye is counting fingers, and in 

his left eye, 20/20. Following an 

examination in 2014, his optometrist 

stated, ‘‘I would also state in my 

medical opinion Mr. Sorensen is able to 

safely operate a commercial vehicle. 

There is a longstanding history of loss 

of vision in the right eye associated with 

trauma resulting in loss of vision in the 

right eye.’’ Mr. Sorensen reported that 

he has driven straight trucks for 20 

years, accumulating 40,000 miles, and 

tractor-trailer combinations for 11 years, 

accumulating 33,000 miles. He holds a 

Class A CDL from Nebraska. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Nelson J. Stokke 

Mr. Stokke, 54, has complete loss of 

vision in his left eye due to a traumatic 

incident in 2005. The visual acuity in 

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

light perception. Following an 

examination in 2014, his 

ophthalmologist stated, ‘‘In summary, 

this 53 year old commercial truck driver 

has adequate vision to continue driving 

a commercial vehicle in my opinion.’’ 

Mr. Stokke reported that he has driven 

tractor-trailer combinations for 29 years, 

accumulating 1.37 million miles. He 

holds a Class A CDL from California. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Darwin L. Stuart 

Mr. Stuart, 55, has had amblyopia in 

his left eye since childhood. The visual 

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

his left eye, 20/350. Following an 

examination in 2014, his optometrist 

stated, ‘‘In my opinion Mr. Stuart has 

sufficient vision to perform [sic] driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Stuart reported that he has 

driven straight trucks for 23 years, 

accumulating 115,000 miles, and 

tractor-trailer combinations for 8 years, 

accumulating 60,000 miles. He holds a 

Class AM CDL from Illinois. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Ivan Tlumach 

Mr. Tlumach, 45, has had amblyopia 

in his right eye since childhood. The 

visual acuity in his right eye is 20/100, 

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

examination in 2014, his 

ophthalmologist stated, ‘‘At this time, 

from a medical standpoint, he has 

sufficient vision needed to continue to 

perform the driving tasks required to 

operate a commercial motor vehicle.’’ 

Mr. Tlumach reported that he has 

driven straight trucks for 12 years, 

accumulating 144,000 miles. He holds 

an operator’s license from Pennsylvania. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Clarence K. Watkins 

Mr. Watkins, 74, has/has had 

amblyopia in his left eye since 

childhood. The visual acuity in his right 

eye is 20/25, and in his left eye, 20/400. 

Following an examination in 2014, his 

ophthalmologist stated, ‘‘Pt’s [sic] vision 

is currently as good as it has ever been 

with 20/25 visual acuity in his right eye 

and 20/400 vision in his left eye. Pt’s 

[sic] ability to drive commercial truck at 

this time would be no different than his 

ability has been over the past 5 

decades.’’ Mr. Watkins reported that he 

has driven straight trucks for 55 years, 

accumulating 550,000 miles, and 

tractor-trailer combinations for 56 years, 

accumulating 112,000 miles. He holds a 

Class A CDL from Tennessee. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

Kevin D. Zaloudek 

Mr. Zaloudek, 43, has a damaged 

cornea and retina in his right eye due to 

a traumatic incident in childhood. The 

visual acuity in his right eye is counting 

fingers, and in his left eye, 20/15. 

Following an examination in 2014, his 

optometrist stated, ‘‘In my opinion 

Kevin Zaludek’s vision is sufficient for 

him to safely operate a commercial 

vehicle.’’ Mr. Zaloudek reported that he 

has driven straight trucks for 15 years, 

accumulating 225,000 miles. He holds 

an operator’s license from Vermont. His 

driving record for the last 3 years shows 

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Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 14227 

1American Trucking Associations, Inc. v. Federal 

Motor Carrier Safety Administration, 724 F3d 243 

(D.C. Cir. Aug. 2, 2013). FMCSA published its 

response to the Court’s opinion at 78 FR 64179 

(October 28, 2013). 

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–2014–0304 in 

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

When the new screen appears, click on 

‘‘Comment Now!’’ button and type your 

comment into the text box in the 

following screen. Choose whether you 

are submitting your comment as an 

individual or on behalf of a third party 

and then submit. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit comments by mail and would 

like to know that they reached the 

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

FMCSA will consider all comments 

and material received during the 

comment period and may change this 

notice based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov and insert 

the docket number FMCSA–2014–0304 

in the ‘‘Keyword’’ box and click 

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

Folder’’ button and choose the 

document listed to review. If you do not 

have access to the Internet, you may 

view the docket online by visiting the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

DOT West Building, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., e.t., Monday 

through Friday, except Federal holidays. 

Issued on: March 12, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–06179 Filed 3–17–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0451] 

Hours of Service of Drivers: Oregon 

Trucking Associations’ Application for 

Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final determination; 

granting of exemption. 

SUMMARY: FMCSA announces its 

decision to grant the application of the 

Oregon Trucking Associations (OTA) for 

a limited exemption from the Agency’s 

hours-of-service (HOS) regulation 

requiring commercial motor vehicle 

(CMV) drivers to take 30-minute rest 

breaks at specified intervals in their 

duty day. This exemption is limited to 

CMV drivers engaged in transporting 

timber from Oregon forestlands, and 

further limited to periods of the year in 

which the Oregon Department of 

Forestry (ODF) has formally restricted 

logging operations to certain hours of 

the day due to an elevated risk of forest 

fire. FMCSA believes that the rest breaks 

during these periods of restricted 

operating hours may reduce the volume 

of timber that OTA drivers can deliver, 

affecting the economic viability of the 

Oregon lumber industry. The Agency 

grants this limited exemption on 

condition that these exempt drivers do 

not drive after the 12th hour of their 

duty day. The Agency finds that the 

CMV operations of OTA timber 

transporters under this limited 

exemption would likely achieve a level 

of safety equivalent to or greater than 

the level of safety that would be 

obtained in the absence of the 

exemption. 

DATES: This limited exemption is 

effective March 18, 2015 subject to the 

Terms and Conditions stated herein, 

and expires March 20, 2017. 

SUPPLEMENTARY INFORMATION: 

Background 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain parts of the Federal Motor 

Carrier Safety Regulations. FMCSA must 

publish a notice of each exemption 

request in the Federal Register [49 CFR 

381.315(a)]. The Agency must provide 

the public an opportunity to inspect the 

information relevant to the application, 

including any safety analyses that have 

been conducted. The Agency must also 

provide an opportunity for public 

comment on the request. 

The Agency reviews safety analyses 

and public comments submitted, and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The Agency may grant an exemption 

subject to specified terms and 

conditions. The decision of the Agency 

must be published in the Federal 

Register (49 CFR 381.315(b)) with the 

reasons for denying or granting the 

application and, if granted, the name of 

the person or class of persons receiving 

the exemption, and the regulatory 

provision from which the exemption is 

granted. The notice must also specify 

the effective period and explain the 

terms and conditions of the exemption. 

The exemption may be renewed (49 CFR 

381.300(b)). 

On December 27, 2011, FMCSA 

published a final rule establishing 

mandatory rest breaks for CMV drivers 

(76 FR 81133). Effective July 1, 2013, 

drivers may not operate a CMV if 8 

hours or more have elapsed since the 

end of the driver’s last off-duty or 

sleeper-berth period of at least 30 

minutes [49 CFR 395.3(a)(3)(ii)]. FMCSA 

did not otherwise specify when drivers 

must take the 30-minute break. 

On August 2, 2013, the U.S. Court of 

Appeals for the District of Columbia 

Circuit issued a decision on petitions for 

review of the Agency’s final HOS rule 

of December 27, 2011.1 That rule 

imposed a requirement for a 30-minute 

rest break for interstate drivers of CMVs. 

The Court upheld the 2011 HOS rule in 

all respects, except that it vacated the 

break provision applicable to ‘‘shorthaul’’ drivers. To qualify as a short-haul 

driver, CMV drivers must (1) limit their 

duty day to a maximum of 12 hours, (2) 

remain within a 100 air-mile radius of 

their point of origin throughout their 

duty day, and (3) return to their work 

reporting locations at the end of the 

duty day in (49 CFR 395.1(e)(1)). The 

Court also vacated the break provision 

applicable to short-haul drivers who do 

not need a commercial driver’s license 

(CDL) [49 CFR 395.1(e)(2)], but since 

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