[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Notices]
[Pages 16912-16913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06193]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0024]
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 8 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 18, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0024 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow theon-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 Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: 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 DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on December
29, 2010 (75 FR 82132), or you may visit http://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.
FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division, (202) 366-4001, [email protected], 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.
SUPPLEMENTARY INFORMATION:
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 8 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.
Qualifications of Applicants
Tom Campbell
Mr. Campbell, age 57, has enucleation in his right eye due to a
traumatic incident in 1985. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2012, his ophthalmologist noted, ``Mr. Campbell has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Campbell reported that he has driven straight trucks for
6 years, accumulating 60,000 miles. He holds a Class A Commercial
Driver's License (CDL) from Pennsylvania. 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 23 miles per hour.
[[Page 16913]]
Joe Cunningham
Mr. Cunningham, 61, has had histoplasmosis in his left eye since
2000. The visual acuity in his right eye is 20/20, and in his left eye,
20/400. Following an examination in 2012, his optometrist noted, ``He
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Cunningham reported that he has driven
straight trucks for 22 years, accumulating 264,000 miles. He holds an
operator's license from Indiana. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Dolan A. Gonzalez, Jr.
Mr. Gonzalez, 37, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/200,
and in his left eye, 20/20. Following an examination in 2012, his
optometrist noted, ``Due to the long-standing nature of these
conditions and Dolan's history of previously performing as a commercial
driver, it should have no further effect on his driving skills as these
are stable and non-progressive.'' Mr. Gonzalez reported that he has
driven straight trucks for 6 years, accumulating 156,000 miles. He
holds an operator's license from Florida. His driving record for the
last 3 years shows no crashes but one conviction for a moving violation
in a CMV; he passed through/around a barrier.
Paul R. Harpin
Mr. Harpin, 55, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/100, and in his
left eye, 20/15. Following an examination in 2013, his optometrist
noted, ``I certify that he has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Harpin reported
that he has driven straight trucks for 18 years, accumulating 540,000
miles, and tractor-trailer combinations for 15 years, accumulating
375,000 miles. He holds a Class A CDL from Arizona. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Terry L. Lipscomb
Mr. Lipscomb, 42, has had refractive amblyopia in his left eye
since childhood. The best corrected visual acuity in his right eye is
20/20, and in his left eye, 20/60. Following an examination in 2012,
his optometrist noted, ``In my opinion, Mr. Lipscomb has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Lipscomb reported that he has driven straight trucks for
1 year, accumulating 11,500 miles, and tractor-trailer combinations for
11 years, accumulating 185,900 miles. He holds an operator's license
from Alabama. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Donald G. Reed
Mr. Reed, 51, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/20, and in his
left eye, 20/150. Following an examination in 2012, his optometrist
noted, ``In my professional opinion this patient should have no
problems from his eyes or vision to affect his duties as a professional
truck driver.'' Mr. Reed reported that he has driven straight trucks
for 12 years, accumulating 1 million miles, and tractor-trailer
combinations for 4 years, accumulating 813,000 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.
Randy T. Richardson
Mr. Richardson, 60, has had refractive amblyopia in his right eye
since birth. The best corrected visual acuity in his right eye is 20/
70, and in his left eye, 20/20. Following an examination in 2013, his
optometrist noted, ``He can identify traffic signals without difficulty
and has sufficient vision to operate a commercial vehicle.'' Mr.
Richardson reported that he has driven straight trucks for 36 years,
accumulating 1.6 million miles. He holds a Class A CDL from Kansas. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
James E. Smith
Mr. Smith, 56, has had refractive amblyopia in his left eye since
birth. The best corrected visual acuity in his right eye is 20/20, and
in his left eye, 20/400. Following an examination in 2012, his
optometrist noted, ``I have recently examined James E. Smith and I
found his vision sufficient to perform the driving task to operate a
commercial vehicle as his vision has been stable, he has been safely
operating a commercial vehicle for years.'' Mr. Smith reported that he
has driven straight trucks for 20 years, accumulating 1 million miles,
and tractor-trailer combinations for 25, accumulating 2.5 million
miles. He holds a Class A CDL from Illinois. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315, 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 April 18, 2013. 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: March 8, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-06193 Filed 3-18-13; 8:45 am]
BILLING CODE 4910-EX-P