Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
August 6, 2012
[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Notices]
[Pages 46793-46795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19123]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0214]
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 12 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 September 5, 2012.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0214 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 FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division, (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.
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 12 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
Michael J. Bechta
Mr. Bechta, age 28, had 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, 20/80. Following an examination in 2012, his
ophthalmologist noted, ``With these parameters, in my opinion, Michael
is safe and qualified visually to drive commercial vehicles.'' Mr.
Bechta reported that he has driven straight trucks for 7 years,
accumulating 36,400 miles. He holds a Class C operator's license from
Pennsylvania. His driving record for the last 3 years shows one crash,
which he was not cited for, and no convictions for moving violations in
a CMV.
Bryan G. Brockus
Mr. Brockus, 42, had an enucleation of his left eye due to a
traumatic injury sustained as a child. The visual acuity in his right
eye is 20/20. Following an examination in 2012, his ophthalmologist
noted, ``In my opinion, this patient has sufficient vision to perform
the driving tasks to operate a commercial vehicle.'' Mr. Brockus
reported that he has driven straight trucks for 14 years, accumulating
252,000 miles, and tractor-trailer combinations for 3 years,
accumulating 15,000 miles. He holds a Class A Commercial Driver's
License (CDL) from Idaho. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Larry Clay
Mr. Clay, 55, 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 optometrist
noted, ``I do believe Mr Clay has sufficient vision to perform his job
in operating a commercial vehicle.'' Mr. Clay reported that he has
driven straight trucks for 10 years, accumulating 52,000 miles. He
holds a Class D operator's license from New Mexico. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
[[Page 46794]]
Michael T. DeKorte
Mr. DeKorte, 42, has had amblyopia and Peter's Anomaly in his left
eye since childhood. The best corrected visual acuity in his right eye
is 20/15, and in his left eye, 20/400. Following an examination in
2012, his ophthalmologist noted, ``no restriction or visual impairment
that should limit ability to operate a commercial vehicle.'' Mr.
DeKorte reported that he has driven straight trucks for 23 years,
accumulating 460,000 miles, and tractor-trailer combinations for 23
years, accumulating 460,000 miles. He holds a Class A CDL from
Michigan. His driving record for the last 3 years shows no crashes and
one conviction for speeding in a CMV; he exceeded the speed limit by 5
mph.
Erric L. Gomersall
Mr. Gomersall, 45, has had macular scarring and histoplasmosis in
his right eye since 2005. The best corrected visual acuity in his right
eye is 20/50, and in his left eye, 20/20. Following an examination in
2012, his ophthalmologist noted, ``In my medical opinion Erric
Gomersall does have the visual ability to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Gomersall reported that
he has driven tractor-trailer combinations for 6 years, accumulating
780,000 miles. He holds a Class A CDL from Wisconsin. His driving
record for the last 3 years shows one crash, which he was not cited
for, and no convictions for moving violations in a CMV.
Larry E. Johnsonbaugh, Jr.
Mr. Johnsonbaugh, 42, has a prosthetic left eye due to a traumatic
injury sustained in 1992. The visual acuity in his right eye is 20/20.
Following an examination in 2012, his ophthalmologist noted, ``Mr.
Johnsonbaugh is well adapted to his monocular status and, therefore,
with a normal right eye with a full visual field he should not have any
limitations in operating a commercial vehicle.'' Mr. Johnsonbaugh
reported that he has driven straight trucks for 20 years, accumulating
364,000 miles. He holds a Class C 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.
Albert Lewis
Mr. Lewis, 65, has a prosthetic left eye due to a retinal
detachment since 1980. The best corrected visual acuity in his right
eye is 20/20. Following an examination in 2011, his optometrist noted,
``In my professional opinion, Albert Lewis has stable vision and should
continue to be able to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Lewis reported that he has driven straight
trucks for 9 years, accumulating 270,000 miles, and tractor-trailer
combinations for 16 years, accumulating 1.3 million miles. He holds a
Class A CDL from Alabama. His driving record for the last 3 years shows
no crashes and one conviction for speeding in a CMV; he exceeded the
speed limit by 21 mph.
John B. Middleton
Mr. Middleton, 70, has had retinal telangiectasis in his left eye
since the 1980s. 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 optometrist noted, ``He has sufficient vision to perform tasks
required to operate a commercial vehicle.'' Mr. Middleton reported that
he has driven straight trucks for 3 years, accumulating 36,000 miles,
and tractor-trailer combinations for 52 years, accumulating 5.2 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.
Ronald W. Patten
Mr. Patten, 59, has had retinal scarring in his left eye due to a
traumatic injury sustained as a child. The best corrected visual acuity
in his right eye is 20/20, and in his left eye, hand motion vision.
Following an examination in 2012, his optometrist noted, ``In my
medical opinion, Ronald Patten has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Patten
reported that he has driven straight trucks for 9 years, accumulating
315,000 miles, and tractor-trailer combinations for 32 years,
accumulating 3.4 million miles. He holds a Class A CDL from Maine. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Kirk W. Scott
Mr. Scott, 42, has had glaucoma in his right eye due to a traumatic
injury sustained in 1981. The 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 medical opinion the applicant
has sufficient vision to perform the driving tasks require to operate a
commercial vehicle.'' Mr. Scott reported that he has driven straight
trucks for 5 years, accumulating 48,000 miles, and tractor-trailer
combinations for 5 years, accumulating 288,000 miles. He holds a Class
A CDL from Connecticut. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Michael F. Sprouse
Mr. Sprouse, 52, has had loss of vision in his right eye due to a
traumatic injury sustained in 1992. 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, ``Mr. Sprouse has
sufficient enough vision to perform the tasks necessary to drive a
commercial vehicle.'' Mr. Sprouse reported that he has driven tractor-
trailer combinations for 20 years, accumulating 1.3 million miles. He
holds a Class A CDL from South Carolina. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
John C. Steedley
Mr. Steedley, 48, has had refractive amblyopia in his right eye
since childhood. The best corrected visual acuity in his right eye is
20/60, and in his left eye, 20/20. Following an examination in 2012,
his optometrist noted, ``In my medical opinion, Mr. Steedley has
sufficient vision to perform the driving task required to operate a
commercial vehicle.'' Mr. Steedley reported that he has driven tractor-
trailer combinations for 26 years, accumulating 1 million miles. He
holds a Class A CDL from Georgia. 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 September 5, 2012. 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.
[[Page 46795]]
Issued on: July 27, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-19123 Filed 8-3-12; 8:45 am]
BILLING CODE 4910-EX-P