Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
October 1, 2012
[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Notices]
[Pages 60008-60010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24141]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0279]
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 15 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 October 31, 2012.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0279 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
[[Page 60009]]
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 15 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
Deurice K. Dean
Mr. Dean, age 39, has had coat's disease in his left eye since
birth. The visual acuity in his right eye is 20/15, and in his left
eye, 20/400. Following an examination in 2012, his ophthalmologist
noted, ``He has been driving a truck for the last 12 years and
therefore it is reasonable to assume that he has sufficient vision to
perform the driving tasks require to operate a commercial vehicle.''
Mr. Dean reported that he has driven straight trucks for 12 years,
accumulating 999,996 miles, and tractor-trailer combinations for 6
years, accumulating 1,800 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.
Terry J. Edwards
Mr. Edwards, 53, has a prosthetic right eye due to a traumatic
injury sustained at age 5. The best corrected visual acuity in his
right eye is no light perception, and in his left eye, 20/20. Following
an examination in 2011, his optometrist noted, ``I certify that Mr.
Edwards meets the requirement as stated and has sufficient vision to
perform the driving tasks needed to drive a commercial vehicle.'' Mr.
Edwards reported that he has driven straight trucks for 10 years,
accumulating 1.2 million miles, and tractor-trailer combinations for 10
years, accumulating 1.5 million miles. He holds an operator's license
from Missouri. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Raymundo Flores
Mr. Flores, 48, has complete loss of vision in his left eye due to
a traumatic injury sustained at age 2. The best corrected visual acuity
in his right eye is 20/20. Following an examination in 2012, his
ophthalmologist noted, ``Yes, I (Cheryl Snyder M.D.) certify Mr. Flores
has sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Flores reported that he has driven straight
trucks for 15 years, accumulating 780,000 miles, and tractor-trailer
combinations for 9 years, accumulating 702,000 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.
Charles F. Huffman
Mr. Huffman, 53, 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 feel that he has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Huffman reported
that he has driven tractor-trailer combinations for 5 years,
accumulating 453,000 miles. He holds a Class A CDL from Washington. His
driving record for the last 3 years shows no crashes but one conviction
for speeding in a CMV; he exceeded the speed limit by 15 or more mph.
Ivaylo V. Kanchev
Mr. Kanchev, 39, 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 2012, his optometrist
noted, ``Mr. Kanchev has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Kanchev reported that
he has driven tractor-trailer combinations for 7 years, accumulating
770,000 miles. He holds a Class A CDL from Florida. His driving record
for the last 3 years shows no crashes but one conviction for a moving
violation in a CMV; coasting or operating with gears disengaged.
Charlie C. Kimmel
Mr. Kimmel, 56, had a retinal detachment in his right eye due to a
traumatic injury sustained 10 years ago. The visual acuity in his right
eye is hand motion vision, and in his left eye, 20/20. Following an
examination in 2011, his optometrist noted, ``Has sufficient vision to
perform the driving task required to operate a commercial vehicle.''
Mr. Kimmel reported that he has driven straight trucks for 7 years,
accumulating 129,500 miles, and tractor-trailer combinations for 7
years, accumulating 70,000 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.
Laine Lewin
Mr. Lewin, 32, has a macular scar in the right eye sustained at age
13. The best corrected visual acuity in his right eye is hand motion
vision, and in his left eye, 20/20. Following an examination in 2012,
his optometrist noted, ``There is no reason for me to believe that Mr.
Lewin would have any difficulty, based on his vision, performing the
driving tasks required to operate a commercial motor vehicle safely.''
Mr. Lewin reported that he has driven straight trucks for 3 years,
accumulating 2,700 miles, and tractor-trailer combinations for 16
years, accumulating 48,000 miles. He holds a Class D license from
Minnesota. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Jimmy R. Mauldin
Mr. Mauldin, 75, has esotropia in the right eye due to whooping
cough sustained at age 2. The best corrected visual acuity in his right
eye is hand motion vision, and in his left eye, 20/30. Following an
examination in 2012, his optometrist noted, ``it is in my medical
opinion the vision is sufficient to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Mauldin reported that he has
driven straight trucks for 7 years, accumulating 280,000 miles, and
tractor-trailer combinations for 8 years, accumulating 480,000 miles.
He holds a Class A CDL from Oklahoma. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Johnny Montemayor
Mr. Montemayor, 61, has a macular scar on his left eye due to a
traumatic injury sustained in 1988. 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, ``Based upon the patient's
history and my examination finding, I am reporting that Mr. Montemayor
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Montemayor reported that he has driven
[[Page 60010]]
tractor-trailer combinations for 30 years, accumulating 160,080 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.
Christopher S. Morgan
Mr. Morgan, 30, has had amblyopia in his right eye since childhood.
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, Mr. Morgan has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Morgan reported that he has driven straight trucks for 5 years,
accumulating 75,000 miles, and tractor-trailer combinations for 3
years, accumulating 135,000 miles. He holds an operator license from
Louisiana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
William T. Owens
Mr. Owens, 57, has central serous choroidopathy in his right eye
since 2002. The best corrected visual acuity in his right eye is 20/
150, and in his left eye, 20/20. Following an examination in 2012, his
optometrist noted, ``It is in my medical opinion that Mr. Owens has
adequate visual function to perform his work duties and maintain his
CDL license in the operation of a commercial vehicle.'' Mr. Owens
reported that he has driven tractor-trailer combinations for 35 years,
accumulating 3.2 million 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.
Jeffrey S. Pennell
Mr. Pennell, 49, 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, 20/400. Following an examination in 2012, his optometrist
noted, ``In my opinion, he has sufficient vision to operate a
commercial vehicle.'' Mr. Pennell reported that he has driven straight
trucks for 22 years, accumulating 792,000 miles, tractor-trailer
combinations for 12 years, accumulating 336,000 miles, and buses for 5
months, accumulating 2,000 miles. He holds a Class A CDL from Vermont.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Donald R. Strickland
Mr. Strickland, 71, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his right eye is 20/25, and in his
left eye, 20/400. Following an examination in 2012, his optometrist
noted, ``In Summary, Mr. Strickland has excellent vision in the right
eye and, somewhat diminished vision in the left eye. However, it is my
medical opinion that Mr. Strickland has sufficient visual acuity to
perform the duties required for a commercial vehicle.'' Mr. Strickland
reported that he has driven tractor-trailer combinations for 35 years,
accumulating 2.6 million 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.
Vaughn J. Suhling
Mr. Suhling, 51, has a ocular histoplasmosis scar in his right eye
sustained in 1990. 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, ``I believe Mr. Suhling has sufficient vision to
perform the driving tasks required to continue to operate a commercial
vehicle.'' Mr. Suhling reported that he has driven straight trucks for
35 years, accumulating 420,000 miles, and tractor-trailer combinations
for 6 years, accumulating 24,000 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.
Max A. Thurman
Mr. Thurman, 75, has a prosthetic left eye due to a traumatic
injury sustained 10 years ago. The visual acuity in his right eye is
20/25. Following an examination in 2011, his optometrist noted, ``I
certify that patient has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Thurman reported that
he has driven straight trucks for 60 years, accumulating 6,000 miles,
and tractor-trailer combinations for 50 years, accumulating 4.5 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 October 31, 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.
Issued on: September 21, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-24141 Filed 9-28-12; 8:45 am]
BILLING CODE 4910-EX-P