[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Notices]
[Pages 24798-24802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09912]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0027]
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 32 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 May 28, 2013.
[[Page 24799]]
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0027 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 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 January
17, 2008 (73 FR 3316).
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 32 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
Deneris G. Allen
Mr. Allen, age 48, has had refractive amblyopia in his left eye
since childhood. The visual acuity in his right eye is 20/20, and in
his left eye, 20/50. Following an examination in 2012, his optometrist
noted, ``Upon further examination, it has been determined that Mr.
Allen's vision is adequate to safely operate commercial vehicles
without prescription glasses.'' Mr. Allen reported that he has driven
tractor-trailer combinations for 11 years, accumulating 605,000 miles.
He holds a Class A Commercial Driver's License (CDL) from Louisiana.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Terry L. Baker
Mr. Baker, 60, 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/
100. Following an examination in 2012, his optometrist noted, ``Based
upon my findings and medical expertise, I A. Badillo hereby certify
Terry Baker to be visually able to safely operate a commercial motor
vehicle.'' Mr. Baker reported that he has driven straight trucks for 4
years, accumulating 300,000 miles, and tractor-trailer combinations for
2 months, accumulating 1,500 miles. He holds a Class DMA CDL from
Kentucky. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Rocky B. Bentz
Mr. Bentz, 31, 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 2012, his optometrist noted, ``It is my
medical opinion that despite not being 20/40 or better in his left eye,
Mr. Bentz is still perfectly capable of operating his commercial
vehicle safety, which he has done for a number of years.'' Mr. Bentz
reported that he has driven straight trucks for 6 years, accumulating
66,000 miles. He holds an operator's license from Wisconsin. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Ryan L. Brown
Mr. Brown, 39, has had Coat's disease 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 2012, his ophthalmologist
noted, ``We have examined Ryan Brown since 1984 and he was most
recently examined on October 23, 2012, and I feel that he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Brown reported that he has driven straight
trucks for 18 years, accumulating 112,320 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.
Juan R. Cano
Mr. Cano, 37, has had esotropia in his right eye since birth. The
best corrected visual acuity in his right eye is hand motion, and in
his left eye, 20/20. Following an examination in 2012, his optometrist
noted, ``Mr. Cano presents with esotropia since birth [sic]. Visual
acuity is stable and has [sic] sufficient vision to perform driving
tasks [sic] to operate a commercial vehicle.'' Mr. Cano reported that
he has driven straight trucks for 7 years, accumulating 700,000 miles,
and tractor-trailer combinations for 7 years, accumulating 700,000
miles. He holds a Class A CDL from Texas. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
John Cole
Mr. Cole, 56, has had idiopathic amblyopia in his right eye since
birth. The best corrected visual acuity in his right eye is 20/200, and
in his left eye, 20/20. Following an examination in 2013, his
optometrist noted, ``It is my medical opinion that John Cole does have
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Cole reported that he has driven straight
trucks for 25 years, accumulating 1.2 million miles,
[[Page 24800]]
and tractor-trailer combinations for 20 years, accumulating 80,000
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.
Kenneth Crider
Mr. Crider, 47, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/15, and in his left eye, 20/
100. Following an examination in 2012, his ophthalmologist noted, ``In
my medical opinion, he has sufficient vision to perform the driving
tasks required to operate a commercial motor vehicle.'' Mr. Crider
reported that he has driven straight trucks for 12 years, accumulating
428,400 miles. He holds an operator's license from Kentucky. His
driving record for the last 3 years shows one crash, for which he was
not cited, and no convictions for moving violations in a CMV.
Jon R. Gunschel
Mr. Gunschel, 58, has had complete loss of vision in his left eye
since 1979. The visual acuity in his right eye is 20/20, and in his
left eye, no light perception. Following an examination in 2013, his
ophthalmologist noted, ``I consider Mr. Gunschel to have sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Gunschel reported that he has driven straight trucks for
20 years, accumulating 4,000 miles. He holds an operator's license from
Massachusetts. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Dean Hawley
Mr. Hawley, 46, has had complete loss of vision in his left eye due
to a traumatic incident in 1989. The best corrected visual acuity in
his right eye is 20/20, and in his left eye, no light perception.
Following an examination in 2012, his optometrist noted, ``It is my
professional opinion that Mr. Hawley's vision is sufficient to perform
the driving tasks necessary to operate a commercial vehicle.'' Mr.
Hawley reported that he has driven straight trucks for 29 years,
accumulating 580,000 miles, and tractor-trailer combinations for 20
years, accumulating 400,000 miles. He holds a Class A CDL from North
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Clarence Jones
Mr. Jones, 62, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/400, and in his
left eye, 20/20. Following an examination in 2012, his optometrist
noted, ``It is my opinion that Mr. Jones has sufficient visual acuity
and visual fields to operate a commercial motor vehicle.'' Mr. Jones
reported that he has driven straight trucks for 40 years, accumulating
2.3 million miles, and tractor-trailer combinations for 22 years,
accumulating 429,000 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.
Cody A. Keys
Mr. Keys, 51, has had epiretinal membrane in his right eye since
1989. The best corrected visual acuity in his right eye is counting
fingers, and in his left eye, 20/20. Following an examination in 2012,
his optometrist noted, ``The results from the comprehensive eye exam
indicate that Mr. Keys has necessary vision for commercial driving.''
Mr. Keys reported that he has driven straight trucks for 12 years,
accumulating 120,000 miles. He holds an operator's license from
Oklahoma. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Eddie M. Kimble
Mr. Kimble, 51, has had vascular blockage in the optic nerve in his
left eye since 2003. The best corrected visual acuity in his right eye
is 20/20, and in his left eye, 20/80. Following an examination in 2012,
his ophthalmologist noted, ``Mr. Kimble has poor vision in the left eye
caused by a vascular blockage in the optic nerve * * In my opin [sic],
he can safely drive a commercial vehicle.'' Mr. Kimble reported that he
has driven straight trucks for 12 years, accumulating 187,200 miles. He
holds an operator's license from North Carolina. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Darrell W. Knorr
Mr. Knorr, 71, has had a prosthetic left eye since 1983. The best
corrected visual acuity in his right eye is 20/20, and in his left eye,
no light perception. Following an examination in 2012, his optometrist
noted, ``In my medical opinion, this patient has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Knorr reported that he has driven straight trucks for 50 years,
accumulating 25,000 miles, and tractor-trailer combinations for 25
years, accumulating 300,000. He holds 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.
Brandon S. Langston
Mr. Langston, 31, has had deprivation amblyopia in his left 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 2013,
his optometrist noted, ``Mr. Langston appears to have the visual
ability to operate a commercial vehicle.'' Mr. Langston reported that
he has driven straight trucks for 8 years, accumulating 32,000 miles,
and tractor-trailer combinations for 11 years, accumulating 385,000
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.
Joseph C. Lee
Mr. Lee, 38, has had a ruptured globe in his left eye since 2002.
The best corrected visual acuity in his right eye is 20/20, and in his
left eye, counting fingers. Following an examination in 2012, his
ophthalmologist noted, ``His visual deficiency is stable. He is able to
recognize the colors of traffic control signal [sic] and perform the
driving task required to operate commercial vehicle [sic].'' Mr. Lee
reported that he has driven straight trucks for 5 years, accumulating
1.1 million miles, and tractor-trailer combinations for 15 years,
accumulating 2.1 million miles. He holds a Class A CDL from Florida.
His driving record for the last 3 years shows no crashes and one
conviction for a moving violation in a CMV; he was following too
closely.
Anthony Luciano
Mr. Luciano, 56, has had a cataract in his left eye since
childhood. The best corrected visual acuity in his right eye is 20/15,
and in his left eye, hand motion. Following an examination in 2012, his
ophthalmologist noted, ``In my medical opinion Mr. Luciano has
sufficient vision to operate a commercial vehicle.'' Mr. Luciano
reported that he has driven straight trucks for 35 years, accumulating
350,000 miles. He holds a Class B CDL from Connecticut. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
[[Page 24801]]
Todd Marcino
Mr. Marcino, 44, has central scotoma in his left eye since birth.
The best corrected visual acuity in his right eye is 20/20, and in his
left eye, counting fingers. Following an examination in 2012, his
ophthalmologist noted, ``Feel patients congenital defect LE is stable.
Feel should be able to operate commercial vehicle given normal vision
right eye.'' Mr. Marcino reported that he has driven straight trucks
for 3 years, accumulating 12,480 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.
David McKinney
Mr. McKinney, 48, has had a prosthetic right eye since 1986. The
best corrected visual acuity in his right eye is no light perception,
and in his left eye, 20/20. Following an examination in 2012, his
optometrist noted, ``In my opinion, since this has been a life long
deficiency, David has made good adaptations and his vision should be
sufficient to operate cars and commercial trucks.'' Mr. McKinney
reported that he has driven straight trucks for 14 years, accumulating
1.4 million miles, and tractor-trailer combinations for 10 years,
accumulating 1 million miles. He holds a Class A CDL from Oregon. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Roger Myers
Mr. Myers, 58, has had a prosthetic right eye since childhood. The
best corrected visual acuity in his right eye is no light perception,
and in his left eye, 20/25. Following an examination in 2013, his
optometrist noted, ``It is my opinion that Mr. Myers has the required
vision to safely operate a commercial vehicle.'' Mr. Myers reported
that he has driven straight trucks for 10 years, accumulating 100,000
miles, and tractor-trailer combinations for 6 months, accumulating
1,000 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.
Frank L. O'Rourke
Mr. O'Rourke, 57, has had a prosthetic left eye since 2009. The
best corrected visual acuity in his right eye is 20/25, and in his left
eye, no light perception. Following an examination in 2013, his
optometrist noted, ``I believe Mr. O'Rourke has sufficient vision and
visual field to perform the driving tasks required to operate a
commercial vehicle.'' Mr. O'Rourke reported that he has driven straight
trucks for 30 years, accumulating 300,000 miles, and tractor-trailer
combinations for 30 years, accumulating 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.
Scott Oeder
Mr. Oeder, 50, has had a retinal scar 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, ``He does have sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Oeder
reported that he has driven straight trucks for 8 years, accumulating
140,000 miles, and tractor-trailer combinations for 10 years,
accumulating 500,000 miles. He holds a Class A CDL from Ohio. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
James A. Parker
Mr. Parker, 48, has had a macular hole in his left eye since 1993.
The best corrected visual acuity in his right eye is 20/20, and in his
left eye, 20/200. Following an examination in 2012, his optometrist
noted, ``It is my opinion that James Parker has sufficient vision to
operate a commercial vehicle.'' Mr. Parker reported that he has driven
straight trucks for 12 years, accumulating 684,000 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.
Curtis L. Pattengale
Mr. Pattengale, 31, has had complete loss of vision in his left eye
since 1991. The best corrected visual acuity in his right eye is 20/20,
and in his left eye, no light perception. Following an examination in
2012, his optometrist noted, ``It is my opinion that Mr. Pattengale has
sufficient vision to continue as a CDL driver. He will of course need
to continue use of the external rear view mirrors as he has been
trained.''
Mr. Pattengale reported that he has driven straight trucks for 7
years, accumulating 54,600 miles. He holds a chauffer's license from
Indiana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Gonzalo Pena
Mr. Pena, 40, has had a prosthetic right eye since childhood. The
best corrected visual acuity in his right eye is no light perception,
and in his left eye, 20/20. Following an examination in 2012, his
optometrist noted, ``I am confident that the quality of the left eye is
appropriate for commercial truck driving requirements.'' Mr. Pena
reported that he has driven tractor-trailer combinations for 6 years,
accumulating 330,000 miles. He holds a Class A CDL from Florida. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Steven R. Peters
Mr. Peters, 59, 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, 20/100. Following an examination in 2013, his optometrist
noted, ``In my opinion, Steven has sufficient vision to perform his
driving task in a commercial vehicle.'' Mr. Peters reported that he has
driven straight trucks for 30 years, accumulating 450,000 miles, and
tractor-trailer combinations for 30 years, accumulating 450,000 miles.
He holds a Class A CDL from Iowa. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Larry F. Reber
Mr. Reber, 72, has had complete loss of vision in his right eye
since childhood. The best corrected 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, ``I would certify, in
my medical opinion, that he has sufficient vision to perform the
driving task of operating a commercial vehicle which he has been doing
for the past 20 years.'' Mr. Reber reported that he has driven straight
trucks for 50 years, accumulating 650,000 miles. He holds a Class A CDL
from Ohio. His driving record for the last 3 years shows one crash, for
which he was not cited, and no convictions for moving violations in a
CMV.
Hoyt V. Smith
Mr. Smith, 33, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/15, and in his
left eye, 20/150. Following an examination in 2013, his optometrist
noted, ``He has been dealing with the lazy left eye since childhood,
and mainly uses his right eye when viewing centrally. In my opinion, I
see no valid reason why Mr. Smith cannot
[[Page 24802]]
continue to use a commercial vehicle to help grow and sustain his
business.'' Mr. Smith reported that he has driven straight trucks for 7
years, accumulating 136,500 miles. He holds an operator's license from
South Carolina. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Edward Swaggerty, Jr.
Mr. Swaggerty, 47, has had a retinal detachment in his right eye
since 1993. The best corrected visual acuity in his right eye is 20/
400, and in his left eye, 20/20. Following an examination in 2013, his
optometrist noted, ``In my opinion, he has sufficient vision to perform
driving tasks required to operate a commercial vehicle.'' Mr. Swaggerty
reported that he has driven straight trucks for 29 years, accumulating
1.5 million miles, and tractor-trailer combinations for 20 years,
accumulating 1.1 million miles. He holds a Class A CDL from Ohio. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
James L. Tinsley, Jr.
Mr. Tinsley, 54, has had traumatic glaucoma in his right eye since
childhood. The best corrected visual acuity in his right eye is
counting fingers, and in his left eye, 20/20. Following an examination
in 2012, his ophthalmologist noted, ``In my medical opinion, he does
have sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Tinsley reported that he has driven
straight trucks for 20 years, accumulating 800,000 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.
Nicholas Turpin
Mr. Turpin, 56, has had amblyopia in his left eye since birth. The
best corrected visual acuity in his right eye is 20/20, and in his left
eye, 20/60. Following an examination in 2013, his optometrist noted,
``In my opinion, Mr. Turpin has sufficient vision to perform the
driving tasks required to operate a commercial vehicle with both
eyes.'' Mr. Turpin reported that he has driven tractor-trailer
combinations for 24 years, accumulating 1 million miles. He holds a
Class A CDL from Texas. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Thomas Ward
Mr. Ward, 66, has had a central retinal vein occlusion in his right
eye since 2000. The best corrected visual acuity in his right eye is
20/200, and in his left eye, 20/30. Following an examination in 2012,
his ophthalmologist noted, ``He is otherwise qualified to operate a
commercial vehicle under 49 CFR 391.41(b)(1-13), and in my medical
opinion [sic] given the stability and duration of his unilateral vision
loss, he should be able to drive safely.'' Mr. Ward reported that he
has driven tractor-trailer combinations for 45 years, accumulating 3.6
million miles. He holds a Class A CDL from Ohio. His driving record for
the last 3 years shows one crash for which he was not cited, and three
convictions for moving violations in a CMV; he exceeded the speed limit
by 6-10 mph, operated an unsafe vehicle, and exceeded the speed limit
by 13 mph.
Marcus R. Watkins
Mr. Watkins, 50, has had a retinal detachment in his left eye since
1998. The best corrected visual acuity in his right eye is 20/20, and
in his left eye, no light perception. Following an examination in 2012,
his ophthalmologist noted, ``He has sufficient vision to perform
driving tasks required to operate a commercial vehicle.'' Mr. Watkins
reported that he has driven straight trucks for 6 years, accumulating
156,000 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.
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 May 28, 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: April 12, 2013.
Larry W. Minor,
Associate Administration for Policy.
[FR Doc. 2013-09912 Filed 4-25-13; 8:45 am]
BILLING CODE 4910-EX-P