Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
August 29, 2012
[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Notices]
[Pages 52381-52384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21205]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0215]
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 19 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 28, 2012.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0215 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 19 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.
[[Page 52382]]
Qualifications of Applicants
James W. Bittle
Mr. Bittle, age 59, has had chronic retinal detachment in his left
eye since 2007. The visual acuity in his right eye is 20/20, and in his
left eye, light perception only. Following an examination in 2012, his
optometrist noted, ``In my medical opinion, Mr. Bittle has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Bittle reported that he has driven straight trucks for
38 years, accumulating 1.9 million miles, and tractor-trailer
combinations for 38 years, accumulating 1.9 million miles. He holds a
Class A Commercial Driver's License (CDL) from Oklahoma. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Kenneth C. Caldwell
Mr. Caldwell, 58, 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, 20/60. Following an examination in 2012, his optometrist
noted, ``Without hesitation, in my medical opinion, I do feel that
Kenneth has more than sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Caldwell reported that
he has driven straight trucks for 36 years, accumulating 2.2 million
miles, and tractor-trailer combinations for 30 years, accumulating 1.4
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.
Paul Claas
Mr. Claas, 63, has had complete loss of vision in his left eye
since 1970. The best corrected visual acuity in his right eye is 20/30.
Following an examination in 2012, his ophthalmologist noted,
``Therefore, in my opinion, the patient has sufficient vision in his
right eye to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Claas reported that he has driven straight trucks for 30
years, accumulating 750,000 miles. He holds a Class D operator's
license from Wisconsin. 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 15 mph.
Roger A. Duester
Mr. Duester, 52, has had a retinal detachment in his left eye since
1988. 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 opinion, Roger Duester has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle based upon my medical exam with him.'' Mr. Duester reported
that he has driven tractor-trailer combinations for 6\1/2\ years,
accumulating 97,500 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.
Edward A. Egy
Mr. Egy, 58, has had hyperopic astigmatism 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, Edward A. Egy has sufficient vision
to perform the tasks required to operate a commercial vehicle as his
visual condition is long standing and very stable.'' Mr. Egy reported
that he has driven straight trucks for 20 years, accumulating 300,000
miles, and tractor-trailer combinations for 15 years, accumulating
225,000 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.
Jonathan D. Evans
Mr. Evans, 36, has had amblyopia in his right eye since birth. 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 medical opinion that Mr. Evans has sufficient vision
to perform driving tasks required to operate a commercial vehicle.''
Mr. Evans reported that he has driven straight trucks for 3 years,
accumulating 45,000 miles. He holds a Class DB CDL from Kentucky. 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.
Kelvin Frandin
Mr. Frandin, 34, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/200; and in his left eye, 20/
20. Following an examination in 2012, his optometrist noted, ``Patient
has sufficient vision to perform driving tasks on a commercial
vehicle.'' Mr. Frandin reported that he has driven tractor-trailer
combinations for 4 years, accumulating 520,000 miles. He holds a Class
A CDL from Kentucky. His driving record for the last 3 years shows no
crashes and no convictions of moving violations in a CMV.
Charlene E. Geary
Ms. Geary, 48, has had amblyopia in her left eye since childhood.
The best corrected visual acuity in her right eye is 20/20; and in her
left eye, 20/200. Following an examination in 2012, her optometrist
noted, ``Furthermore, I certify that in my medical opinion, Charlene
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Ms. Geary reported that she has driven straight
trucks for 10 years, accumulating 605,000 miles, and buses for 3 years,
accumulating 30,300 miles. She holds a Class A CDL from South Dakota.
Her driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Robert S. Gibson, Jr.
Mr. Gibson, 39, has had strabismic amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/150;
and in his left eye, 20/20. Following an examination in 2011, his
optometrist noted, ``In conclusion, it is my professional opinion that
I believe Mr. Gibson has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Gibson reported that he
has driven straight trucks for 20 years, accumulating 400,000 miles. He
holds a Class C operator's license from Pennsylvania. His driving
record for the last 3 years shows no crashes but one conviction for a
moving violation in a CMV; he failed to obey a traffic control device.
Andrew F. Hill
Mr. Hill, 30, has had a scleral buckle in his left eye since 1991
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, 20/70.
Following an examination in 2012, his optometrist noted, ``According to
today's exam findings, it is my medical opinion that Andrew has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Hill reported that he has driven straight
trucks for 3\1/2\ years, accumulating 8,592 miles, and tractor-trailer
combinations for 3 years, accumulating 1,886 miles. He holds a Class A
CDL from Texas. His driving record for the last 3 years shows no
crashes and no convictions of moving violations in a CMV.
[[Page 52383]]
David N. Hinchliffe
Mr. Hinchliffe, 57, has a prosthetic left eye due to a traumatic
injury sustained in 2006. The best corrected visual acuity in his right
eye is 20/20. Following an examination in 2012, his optometrist noted,
``In my opinion, based on the excellent corrected visual acuity and
full field of vision of the right eye, I feel that Mr. Hinchliffe does
have sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Hinchliffe reported that he has driven
straight trucks for 25 years, accumulating 250,000 miles, and tractor-
trailer combinations for 25 years, accumulating 2.5 million miles. He
holds a Class A CDL from Texas. His driving record for the last 3 years
shows no crashes and no convictions of moving violations in a CMV.
Michael C. Hoff
Mr. Hoff, 60, has had macular ischemia in his right eye since 2004.
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 ophthalmologist
noted, ``His vision is sufficient to safely perform commercial
driving.'' Mr. Hoff reported that he has driven straight trucks for 25
years, accumulating 250,000 miles, and tractor-trailer combinations for
15 years, accumulating 1.5 million miles. He holds a Class A CDL from
Washington. His driving record for the last 3 years shows no crashes
and no convictions of moving violations in a CMV.
Joel M. Hunter
Mr. Hunter, 48, has complete loss of vision in his left eye due to
a traumatic injury sustained 22 years ago. The best corrected visual
acuity in his right eye is 20/20, and in his left eye, count finger
vision. Following an examination in 2012, his optometrist noted,
``Following a comprehensive eye examination in my office on 1/5/2012, I
have found in my medical opinion that Joel retains sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Hunter reported that he has driven straight trucks for 24 years,
accumulating 136,800 miles, and tractor-trailer combinations for 24
years, accumulating 240,000 miles. He holds a Class A CDL from Ohio.
His driving record for the last 3 years shows no crashes and no
convictions of moving violations in a CMV.
Morris W. Lammert, Jr.
Mr. Lammert, 48, has had amblyopia in his right eye due to retinal
atrophy caused by a traumatic injury sustained as a child. The visual
acuity in his right eye is 20/70, and in his left eye, 20/20. Following
an examination in 2012, his optometrist noted, ``Based on these
results, it is my medical opinion that Mr. Lammert has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Lammert reported that he has driven tractor-trailer
combinations for 25 years, accumulating 250,000 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.
Ray E. Myers II
Mr. Myers, 54, has had retinal detachment in his left eye since
2006. The best corrected visual acuity in his right eye is 20/20, and
in his left eye, 20/200. Following an examination in 2011, his
optometrist noted, ``I believe Mr. Myers has sufficient vision (with
correction) to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Myers reported that he has driven tractor-
trailer combinations for 27 years, accumulating 1 million miles. He
holds a Class A CDL from Maryland. His driving record for the last 3
years shows no crashes and no convictions of moving violations in a
CMV.
William J. Powell, Jr.
Mr. Powell, 43, has had loss of vision in his right eye since
birth. 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 medical opinion I feel he has
sufficient field of vision to perform driving tasks required to operate
a commercial vehicle.'' Mr. Powell reported that he has driven straight
trucks for 23 years, accumulating 29,900 miles. He holds a Class B CDL
from North Carolina. His driving record for the last 3 years shows no
crashes and no convictions of moving violations in a CMV.
Benny L. Sanchez
Mr. Sanchez, 42, has had complete loss of vision in his left eye
due to a traumatic injury sustained as a child. The visual acuity in
his right eye is 20/20, and in his left eye, no light perception.
Following an examination in 2011, his optometrist noted, ``I certify
that in my medical opinion that Mr. Benny Sanchez has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Sanchez reported that he has driven straight trucks for
6 years, accumulating 400,000 miles, and tractor-trailer combinations
for 4 years, accumulating 140,000 miles. He holds a Class A CDL from
California. His driving record for the last 3 years shows one crash,
which he was not cited for, and no convictions of moving violations in
a CMV.
Sandeep Singh
Mr. Singh, 27, has had 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 2012, his optometrist noted,
``Sandeep's visual field is normal and will not impair his commercial
driving ability or his ability to drive ``semi'' vehicles.'' Mr. Singh
reported that he has driven tractor-trailer combinations for 3 years,
accumulating 570,000 miles. He holds a Class A CDL from California. His
driving record for the last 3 years shows no crashes but two
convictions of moving violations in a CMV; in both instances, he failed
to obey regulatory signs.
James T. Stalker
Mr. Stalker, 54, has had loss of vision in his right eye due to an
optic nerve stroke sustained in 2003. 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 ophthalmologist noted, ``In my medical opinion
Mr. Stalker's vision is adequate for the safe operation of commercial
vehicles.'' Mr. Stalker reported that he has driven tractor-trailer
combinations for 14 years, accumulating 299,992 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.
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 28, 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 52384]]
Issued on: August 20, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-21205 Filed 8-28-12; 8:45 am]
BILLING CODE 4910-EX-P