[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14240-14243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06178]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0303]


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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SUMMARY: FMCSA announces receipt of applications from 21 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-2014-0303 using any of the 
following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    <bullet> 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.
    <bullet> 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.
    <bullet> Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement

[[Page 14241]]

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, 
<a href="/cdn-cgi/l/email-protection#6f09020c1c0e020a0b060c0e032f0b001b41080019"><span class="__cf_email__" data-cfemail="492f242a3a28242c2d202a2825092d263d672e263f">[email protected]</span></a>, 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 21 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

Neal S. Anderson

    Mr. Anderson, 53, has had Best disease in his right eye since 
childhood. The visual acuity in his right eye is 20/100, and in his 
left eye, 20/20. Following an examination in 2014, his optometrist 
stated, ``There are no visual changes that warrant new restrictions to 
his current commercial driver's license.'' Mr. Anderson reported that 
he has driven straight trucks for 37 years, accumulating 296,000 miles, 
and tractor-trailer combinations for 2 years, accumulating 15,000 
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.

Robert D. Arkwright

    Mr. Arkwright, 43, has had a toxoplasmosis scar 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, ``It is my opinion that Mr. Arkwright has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Arkwright reported that he has driven straight trucks for 3 years, 
accumulating 225,000 miles, and tractor-trailer combinations for 17 
years, accumulating 2.02 million miles. He holds an operator's license 
from Mississippi. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Charles D. Ashworth Jr.

    Mr. Ashworth, 52, has had a corneal scar 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, 
``I certify that in my medical opinion, Mr. Ashworth has sufficient 
vision to perform the driving task required to operate a commercial 
vehicle.'' Mr. Ashworth reported that he has driven straight trucks for 
10 years, accumulating 350,000 miles, and tractor-trailer combinations 
for 20 years, accumulating 2.7 million miles. He holds a Class DA CDL 
from Kentucky. His driving record for the last 3 years shows no crashes 
and one conviction for a moving violation in a CMV; he failed to obey a 
traffic control device.

Randy A. Cimei

    Mr. Cimei, 57, has a hemorrhage and retinal detachment in his right 
eye due to a traumatic incident in 2009. The visual acuity in his right 
eye is hand motion, and in his left eye, 20/15. Following an 
examination in 2015, his ophthalmologist stated, ``In my medical 
opinion he has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Cimei reported that he has 
driven straight trucks for 26 years, accumulating 260,000 miles, and 
tractor-trailer combinations for 26 years, accumulating 5,200 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.

Ronald J. Gruszecki

    Mr. Gruszecki, 59, 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, ``Based on the vision testing Ronald should be able to perform 
the tasks required for his commercial license.'' Mr. Gruszecki reported 
that he has driven straight trucks for 28 years, accumulating 1.26 
million 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.

Gerald L. Harper

    Mr. Harper, 66, has a displaced pupil in his right eye due to a 
traumatic incident during childhood. The visual acuity in his right eye 
is 20/50, and in his left eye, 20/20. Following an examination in 2014, 
his optometrist stated, ``In my medical opinion Mr. Harper has 
sufficient vision to adequately perform the tasks necessary to operate 
a commercial vehicle at this time.'' Mr. Harper reported that he has 
driven straight trucks for 2 years, accumulating 16,000 miles, and 
tractor-trailer combinations for 31 years, accumulating 3.1 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.

Alan L. Helfer, Sr.

    Mr. Helfer, 50, has had a cataract with amblyopia in his left eye 
since birth. The visual acuity in his right eye is 20/20, and in his 
left eye, 20/1000. Following an examination in 2014, his optometrist 
stated, ``I certify that in my medical opinion, patient has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Helfer reported that he has driven tractor-trailer 
combinations for 24 years, accumulating 1.44 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.

Steven R. Jones

    Mr. Jones, 59, has had macular drusen in his left eye since 2005. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
100. Following an examination in 2014, his optometrist stated, ``RE: 
Commercial Driver's License . . . In my medical opinion, I believe 
Steven can safely operate a motor vehicle. I am encouraged that he has 
already driven safely for over 10 years with his current state of 
visual ability.'' Mr. Jones reported that he has driven straight trucks 
for 22 years, accumulating 514,800 miles. He holds a Class A CDL from 
Kansas. His driving record for the last 3 years shows no

[[Page 14242]]

crashes and no convictions for moving violations in a CMV.

William F. Laforce

    Mr. Laforce, 49, has had esotropia and 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 optometrist 
stated, ``Has sufficient vision to perform daily tasks to operate a 
commercial vehicle.'' Mr. Laforce reported that he has driven tractor-
trailer combinations for three years, accumulating 63,000 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.

Robert N. Lewis

    Mr. Lewis, 36, has had a retinal detachment in his right eye since 
2008. The visual acuity in his right eye is no light perception, and in 
his left eye, 20/20. Following an examination in 2014, his 
ophthalmologist certified that, in his medical opinion, Mr. Lewis has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle. Mr. Lewis reported that he has driven straight 
trucks for 2.7 years, accumulating 3,200 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.

Ryan T. McKinney

    Mr. McKinney, 25, has had amblyopia in his left eye since birth. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2014, his optometrist stated, ``Ryan 
has 20/20 vision binocular and has full field of vision in both eyes. 
This condition has been present since birth. I see no reason why Ryan 
McKinney should not be allowed to drive a commercial vehicle on the 
interstate.'' Mr. McKinney reported that he has driven straight trucks 
for one year, accumulating 1,000 miles, and tractor-trailer 
combinations for 18 months, accumulating 130,000 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.

Freeman A. Miller

    Mr. Miller, 67, has had refractive amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/100, and in his 
left eye, 20/20. Following an examination in 2014, his optometrist 
stated, ``In my medical opinion, I see no reason visually that he could 
not operate a commercial vehicle.'' Mr. Miller reported that he has 
driven straight trucks for 17 years, accumulating 799,000 miles, and 
tractor-trailer combinations for 22 years, accumulating 1.98 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.

Larry G. Murray

    Mr. Murray, 67, has complete loss of vision in his left eye due to 
a traumatic incident in 2002. The visual acuity in his right eye is 20/
25, and in his left eye, no light perception. Following an examination 
in 2014, his optometrist stated, ``In my opinion patient has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Murray reported that he has driven tractor-trailer 
combinations for 40 years, accumulating 432,000 miles. He holds a Class 
A CDL from Louisiana. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Thomas W. Oberschlake

    Mr. Oberschlake, 50, has had amblyopia in his right eye since 
childhood. The visual acuity in his right eye is 20/70, and in his left 
eye, 20/20. Following an examination in 2014, his ophthalmologist 
certified that, in his medical opinion, Mr. Oberschlake has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle. Mr. Oberschlake reported that he has driven straight trucks 
for 30 years, accumulating 45,000 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.

Dennis R. Ohl

    Mr. Ohl, 49, has had refractive amblyopia in his right eye since 
birth. The visual acuity in his right eye is 20/50, and in his left 
eye, 20/20. Following an examination in 2014, his optometrist stated, 
``In general, based on his current visual status, I believe Dennis to 
be capable of safely operating a commercial vehicle.'' Mr. Ohl reported 
that he has driven straight trucks for 7.5 years, accumulating 172,500 
miles. He holds an operator's license from Missouri. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

J.W. Peebles

    Mr. Peebles, 65, has had complete loss of vision due to a choroidal 
melanoma in his right eye since 2014. The visual acuity in his right 
eye is no light perception, and in his left eye, 20/20. Following an 
examination in 2014, his ophthalmologist stated, ``This vision in his 
left eye is 20/20 with and without correction . . . Based on my exam 
and the Goldman visual field, Mr. Peebles fulfills the driving tasks 
required to operate a commercial vehicle.'' Mr. Peebles reported that 
he has driven tractor-trailer combinations for 30 years, accumulating 
468,500 miles. He holds a Class AM CDL from Tennessee. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Craig C. Perrotta

    Mr. Perrotta, 56, has had maculopathy associated with chronic 
central serous retinopathy in his left eye since 2007. 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 Mr. Perrotta's visual system is capable of 
performing the designated driving tasks required to operate a 
commercial vehicle, and has been doing so without incident for over 10 
years.'' Mr. Perrotta reported that he has driven straight trucks for 
5.5 years, accumulating 184,800 miles. He holds a Class B CDL from 
Massachusetts. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Raymond W. Pitts

    Mr. Pitts, 67, has had a retinal detachment in his right eye since 
2010. 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, ``In my medical opinion, Mr. Pitts has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Pitts reported that he has driven tractor-trailer combinations for 
40 years, accumulating four million 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.

Jeffrey A. Porter

    Mr. Porter, 56, has had hyperopia with amblyopia in his left eye 
since childhood. The visual acuity in his right eye is 20/20, and in 
his left eye, 20/400. Following an examination in 2014, his optometrist 
stated, ``R [sic] eye simple hyperopia L [sic] eye hyperopia w [sic] 
amblyopia secondary to surgical correction for an eye turn as a child, 
patient is not monocular . . . Patient is able to operate a commercial 
vehicle.'' Mr. Porter reported that he has driven straight trucks for 8 
years, accumulating

[[Page 14243]]

160,000 miles. He holds a Class D CDL from Connecticut. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Marty J. Prouty

    Mr. Prouty, 55, has had a retinal detachment and a cataract 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 ophthalmologist stated, ``In my medical opinion, he has sufficient 
vision to operate a commercial motor vehicle.'' Mr. Prouty reported 
that he has driven straight trucks for 20 years, accumulating 300,000 
miles, tractor-trailer combinations for 38 years, accumulating 760,000 
miles, and buses for one year, accumulating 1,000 miles. He holds a 
Class A CDL from Iowa. His driving record for the last 3 years shows 
one crash, for which he was cited for following too closely.

Daniel A. Rau

    Mr. Rau, 54, has a retinal tear and calcification of cornea 
secondary to failed penetrating keratoplasty in his left eye due to a 
traumatic incident in 1986. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination 
in 2014, his ophthalmologist stated, ``I certify that in my medical 
opinion Mr. Rau has sufficient vision with correction to perform 
driving tasks required to operate commercial vehicles.'' Mr. Rau 
reported that he has driven straight trucks for 33 years, accumulating 
907,500 miles, and tractor-trailer combinations for 30 years, 
accumulating 2.63 million miles. He holds a Class A CDL from New 
Jersey. 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-2014-0303 in the ``Keyword'' box, and click 
``Search.'' When the new screen appears, click on ``Comment Now!'' 
button and type your comment into the text box in the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit. If you submit your comments by 
mail or hand delivery, submit them in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you 
submit comments by mail and would like to know that they reached the 
facility, please enclose a stamped, self-addressed postcard or 
envelope.
    FMCSA will consider all comments and material received during the 
comment period and may change this notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov and 
insert the docket number FMCSA-2014-0303 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.

    Dated: March 11, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-06178 Filed 3-17-15; 8:45 am]
 BILLING CODE 4910-EX-P


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