[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Notices]
[Pages 27281-27284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11066]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
Docket No. FMCSA-2013-0028]
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 25 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 June 10, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0028 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 25 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
Allan L. Anthony
Mr. Anthony, age 54, has had refractive amblyopia in his left eye
since birth. The visual acuity in his right eye is 20/30, and in his
left eye, counting fingers. Following an examination in 2013, his
optometrist noted, ``It is, in my opinion, that Mr. Anthony's vision is
sufficient for operation of a commercial motor vehicle.'' Mr. Anthony
reported that he has driven straight trucks for 29 years, accumulating
188,500 miles, and tractor-trailer combinations for 29 years,
accumulating 58,000 miles. He holds a Class A Commercial Driver's
License (CDL) from Maryland. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
James C. Barr
Mr. Barr, 55, has had strabismic amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/160. Following an examination in 2012, his optometrist noted,
``In my medical opinion, Mr. Barr has sufficient central and peripheral
vision; as well as, sufficient gross depth perception to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Barr
reported that he has driven straight trucks for 7 years, accumulating
350 miles. He holds a Class B CDL from Ohio. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Clifford L. Burrus
Mr. Burruss, 71, 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 2013, his optometrist
noted, ``Since Mr. Burruss has been a professional truck driver for 40
years with an accident free driving
[[Page 27282]]
record, it is my opinion that his vision is satisfactory to continue in
his occupation for the next two years.'' Mr. Burruss reported that he
has driven straight trucks for 1 year, accumulating 60,000 miles, and
tractor-trailer combinations for 40 years, accumulating 5 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.
Brian G. Dvorak
Mr. Dvorak, 53, has had myopia 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 ophthalmologist noted, ``Mr.
Dvorak has the ability to recognize the colors of traffic control
signals and devices and in my opinion has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Dvorak reported that he has driven tractor-trailer combinations for 27
years, accumulating 270,000 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.
Roger Dykstra
Mr. Dykstra, 58, has a central scotoma 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, 20/400. Following an examination in 2012, his
ophthalmologist noted, ``Enclosed is a copy of the formal perimetry
test which indicates that the patient has a 120 degree field of vision
and it is my medical opinion that Mr. Dykstra is able to operate his
service truck for his employment in the same safe manner that he has
done since his employment in 1995.'' Mr. Dykstra reported that he has
driven straight trucks for 40 years, accumulating 580,000 miles. He
holds a Class B CDL from Illinois. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Gerald R. Eister
Mr. Eister, 48, has had aniridia in his left eye since 2009. The
visual acuity in his right eye is 20/20, and in his left eye, light
perception. Following an examination in 2013, his optometrist noted,
``So with the right eye seeing 20/20 without correction and the left
eye having good peripheral I feel he is safe to operate a commercial
vehicle.'' Mr. Eister reported that he has driven straight trucks for
28 years, accumulating 873,600 miles, and tractor-trailer combinations
for 10 years, accumulating 100,000 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.
Juan M. Guerrero
Mr. Guerrero, 40, has had optic atrophy in his right eye since
1993. The visual acuity in his right eye is counting fingers, and in
his left eye, 20/20. Following an examination in 2012, his optometrist
noted, ``Patient has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Guerrero reported that
he has driven straight trucks for 13 years, accumulating 1.2 million
miles. He holds a Class A CDL from Texas. His driving record for the
last 3 years shows no crashes and one conviction for a moving violation
in a CMV; he ran a stop sign.
Michael L. Huffman
Mr. Huffman, 59, has had strabismic 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 2013, his optometrist noted,
``Based on his visual findings and his previous work and driving
experience, I feel as though Mr. Huffman has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Huffman reported that he has driven straight trucks for 38 years,
accumulating 3.8 million miles, tractor-trailer combinations for 3
years, accumulating 102,000 miles, and buses for 1.5 years,
accumulating 750 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.
John T. Johnson
Mr. Johnson, 34, has a retinal detachment in his right eye due to a
traumatic incident in 1998. The visual acuity in his right eye is 20/
200, and in his left eye, 20/20. Following an examination in 2013, his
optometrist noted, ``Given the stability of his exam, his excellent
visual acuity, color vision and visual field in the left eye, he should
be able to continue operating a commercial vehicle from a vision
standpoint.'' Mr. Johnson reported that he has driven straight trucks
for 13 years, accumulating 650,000 miles, and tractor-trailer
combinations for 13 years, accumulating 650,000 miles. He holds a Class
A CDL from New Mexico. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Kevin S. Kacicz
Mr. Kacicz, 42, has a cataract in his left eye due to a traumatic
incident during childhood. The best corrected visual acuity in his
right eye is 20/25, and in his left eye, 20/50. Following an
examination in 2012, his optometrist noted, ``I certify that I have
reviewed the federal requirements for drivers of interstate commercial
vehicle with respect to vision, and in my opinion, the above patient
does meet the federal requirements for vision for interstate commercial
vehicle operators.'' Mr. Kacicz reported that he has driven straight
trucks for 15 years, accumulating 699,990 miles, and tractor-trailer
combinations for 6 months, accumulating 100,000 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.
Thomas Korycki
Mr. Korycki, 48, has had amblyopia in his left eye due since
childhood. 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
ophthalmologist noted, ``Patient has sufficient vision to perform tasks
required to operate commercial vehicle.'' Mr. Korycki reported that he
has driven straight trucks for 33 years, accumulating 33,000 miles. He
holds an operator's license from New Jersey. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
John Kozminski
Mr. Kozminski, 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, 20/400. Following an examination in 2012, his
ophthalmologist noted, ``In my medical opinion, Mr. Kozminski has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Kozminski reported that he has driven
straight trucks for 25 years, accumulating 250,000 miles. He holds a
chauffer's license from Michigan. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Larry W. Lunde
Mr. Lunde, 60, has a retinal detachment in his right eye due to a
traumatic incident in 2002. The best corrected visual acuity in his
right eye is 20/100, and in his left eye, 20/20. Following an
examination in 2012, his
[[Page 27283]]
optometrist noted, ``In my opinion, Larry Lunde has sufficient vision
to perform all tasks required for driving a commercial vehicle.'' Mr.
Lunde reported that he has driven straight trucks for 30 years,
accumulating 150,000 miles, and tractor-trailer combinations for 30
years, accumulating 3.3 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.
David Matos
Mr. Matos, 53, has had a prosthetic left eye since birth. The best
corrected visual acuity in his right eye is 20/20, and in his left eye,
no light perception. Following an examination in 2013, his optometrist
noted, ``He has a prosthetic left eye all his life . . . His vision is
20/20 in the right eye . . . I am confident in his ability to continue
to drive a truck or any other commercial vehicle.'' Mr. Matos reported
that he has driven straight trucks for 30 years, accumulating 900,000
miles. He holds a Class B CDL from New York. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Chad Penman
Mr. Penman, 43, has had optic nerve damage in his right eye since
2006. The visual acuity in his right eye is 20/80, and in his left eye,
20/20. Following an examination in 2013, his optometrist noted, ``In my
opinion Chad has sufficient vision to perform driving tasks required to
operate a commercial vehicle.'' Mr. Penman reported that he has driven
straight trucks for 20 years, accumulating 800,000 miles, and tractor-
trailer combinations for 10 years, accumulating 350,000 miles. He holds
a Class A CDL from Utah. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Raymond Potter
Mr. Potter, 51, has a prosthetic left eye due to a traumatic
incident in 1991. The 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 opinion, he has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Potter reported that he has driven straight trucks for 14 years,
accumulating 210,000 miles. He holds an operator's license from Rhode
Island. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
David Rothermel
Mr. Rothermel, 46, has had high myopia 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 2013, his
optometrist noted, ``Mr. Rothermel's uncorrected and corrected vision
is more than sufficient to operate a commercial vehicle.'' Mr.
Rothermel reported that he has driven straight trucks for 22 years,
accumulating 660,000 miles. He holds a Class 10 license from Rhode
Island. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Charles T. Spears
Mr. Spears, 44, has had a prosthetic left eye since 1993. The best
corrected visual acuity in his right eye is 20/20, and in his left eye,
no light perception. Following an examination in 2013, his optometrist
noted, ``In my medical opinion, Mr. Spears has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Spears reported that he has driven tractor-trailer combinations for
10 years, accumulating 250,000 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.
Brian Tessman
Mr. Tessman, 56, has had optic nerve hypoplasia in his left eye
since birth. The best corrected visual acuity in his right eye is 20/
15, and in his left eye, 20/400. Following an examination in 2013, his
optometrist noted, ``I certify that you are stable and in my opinion
are sufficient to continue your commercial vehicle operations.'' Mr.
Tessman reported that he has driven straight trucks for 14 years,
accumulating 653,744 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.
Gregory Thurston
Mr. Thurston, 55, has had anisometropic 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 medical opinion, Mr. Gregory Thurston
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Thurston reported that he has driven
straight trucks for 33 years, accumulating 231,000 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.
Donald R. Torbett
Mr. Torbett, 47, 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, 20/50. Following an examination in 2012, his optometrist
noted, ``In my opinion, Donald has sufficient vision to continue to
operate a commercial vehicle without glasses.'' Mr. Torbett reported
that he has driven tractor-trailer combinations for 25 years,
accumulating 2.5 million 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.
Scharron Valentine
Mr. Valentine, 44, has had a macular 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 2013, his
optometrist noted, ``From these results I believe Mr. Valentine has a
sufficient visual acuity, visual field, and color discrimination to
continue to safely operate a commercial vehicle.'' Mr. Valentine
reported that he has driven tractor-trailer combinations for 3 years,
accumulating 234,000 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 exceeded the speed limit by 12 mph.
Allen D. Weiand
Mr. Weiand, 62, 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, 20/60. Following an examination in 2013, his optometrist
noted, ``In my medical opinion Allen Weiand's vision status is stable,
and I would also state that he has sufficient vision to safely operate
a motor vehicle (a commercial motor vehicle).'' Mr. Weiand reported
that he has driven straight trucks for 45 years, accumulating 900,000
miles, and tractor-trailer combinations for 40 years, accumulating
200,000. He holds 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.
James Whiteway
Mr. Whiteway, 61, has had central corneal opacity in his left eye
since 2000. The best corrected visual acuity in his right eye is 20/20,
and in his left eye, 20/80. Following an examination in
[[Page 27284]]
2013, his ophthalmologist noted, ``I feel that Mr. Whiteway has
sufficient vision ability to operate a commercial vehicle.'' Mr.
Whiteway reported that he has driven straight trucks for 12 years,
accumulating 800,000 miles, tractor-trailer combinations for 30 years,
accumulating 3 million miles, and buses for less than one year,
accumulating 50,000 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.
Billy W. Wilson
Mr. Wilson, 55, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/25, and in his
left eye, 20/200. Following an examination in 2013, his optometrist
noted, ``Sufficient vision to perform commercial driving tasks.'' Mr.
Wilson reported that he has driven tractor-trailer combinations for 24
years, accumulating 1.8 million 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.
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 June 10, 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 30, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-11066 Filed 5-8-13; 8:45 am]
BILLING CODE 4910-EX-P