Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
October 23, 2012
[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Notices]
[Pages 64839-64841]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26055]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0280]
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 14 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 November 23, 2012.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0280 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 14 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
Lazaro R. Apiau
Mr. Apiau, age 52, has had amblyopia in his left eye since birth.
The best corrected visual acuity in his right eye is 20/15, and in his
left eye, 20/200. Following an examination in 2012, his ophthalmologist
noted, ``I believe that Mr. Apiau has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Apiau
reported that he has driven straight trucks for 3 years, accumulating
60,000 miles, and tractor-trailer combinations for 22 years,
accumulating 2.6 million miles. He holds a Class A Commercial Driver's
License (CDL) from Florida. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Ronald J. Bergman
Mr. Bergman, 52, has loss of vision in his right eye due to a
pituitary tumor that was removed in 2008. The visual acuity in his
right eye is 20/50, and in his left eye, 20/15. Following an
examination in 2012, his ophthalmologist noted, ``In my medical
opinion, Mr. Bergman's vision is good enough for him to drive
commercial vehicles safely.'' Mr. Bergman reported that he has driven
straight trucks for 5 years, accumulating 125,000 miles, and tractor-
trailer combinations for 26 years, accumulating 1.9 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.
Noah E. Bowen
Mr. Bowen, 29, 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, 20/200. Following an examination in 2012, his optometrist
noted, ``It is my medical opinion that Noah Bowen has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Bowen reported that he has driven straight trucks for 11
years, accumulating 1.6 million miles, and tractor-trailer combinations
for 8 years, accumulating 1.6 million miles. He holds a Class A CDL
from Ohio. His driving record for the last 3 years shows no crashes but
two convictions for
[[Page 64840]]
moving violations in a CMV; one conviction was for failure to obey a
traffic device, and one conviction was for speeding in a CMV. He
exceeded the speed limit by 9 mph.
William J. Hall
Mr. Hall, 55, has iris damage in his right eye due to a traumatic
injury sustained 40 years ago. 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, ``I certify that Mr. Hall
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Hall reported that he has driven straight
trucks for 4 years, accumulating 47,544 miles, and tractor-trailer
combinations for 19 years, accumulating 304,000 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.
Mark L. Julin
Mr. Julin, 61 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, ``In my
opinion, Mark Julin has the ability to operate a commercial vehicle. He
has longstanding amblyopia in his left eye. His visual fields prove his
peripheral vision in each eye is excellent.'' Mr. Julin reported that
he has driven straight trucks for 15 years, accumulating 1.3 million
miles, and tractor-trailer combinations for 14 years, accumulating
140,000 miles. He holds a Class A CDL from Minnesota. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Joshua D. Kelly
Mr. Kelly, 26, has loss of vision in his right eye due to cancer on
the optic nerve head since 2002. 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, ``Many people do drive with
only good vision in one eye and he has sufficient vision in his left
eye to operate a commercial vehicle.'' Mr. Kelly reported that he has
driven tractor-trailer combinations for 3 years, accumulating 46,800
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.
Shelby M. Kuehler
Mr. Kuehler, 33, has aphakia in his right eye due to a traumatic
incident at 8 weeks of age. The best corrected visual acuity in his
right eye is 20/350, and in his left eye, 20/20. Following an
examination in 2012, his optometrist noted, ``In my medical opinion,
Shelby has sufficient vision to perform driving tasks required to
operate a commercial vehicle.'' Mr. Kuehler reported that he has driven
straight trucks for 7 years, accumulating 210,000 miles. He holds a
Class C operator's license from Kansas. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Lawrence D. Malecha
Mr. Malecha, 49, 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 professional opinion that Mr. Malecha has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle for interstate travel.'' Mr. Malecha reported that
he has driven straight trucks for 20 years, accumulating 300,000 miles.
He holds a Class A CDL from Minnesota. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Glenn C. Medeiros
Mr. Medeiros, 39, has had a macular cyst in his left eye since
birth. 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, ``It is my opinion that Mr. Medeiros is visually
capable to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Medeiros reported that he has driven straight trucks for
19 years, accumulating 304,000 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.
Jay C. Naccarato
Mr. Naccarato, 48, 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, 20/200. Following an examination in 2012, his
optometrist noted, ``I certify, in my medical opinion, you have
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Naccarato reported that he has driven
tractor-trailer combinations for 34 years, accumulating 1 million
miles, and tractor-trailer combinations for 14 years, accumulating
105,000 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.
Paul B. Overman
Mr. Overman, 57, has complete loss of vision in his left eye due to
a traumatic incident that occurred in 1995. The best corrected visual
acuity in his right eye is 20/20. Following an examination in 2012, his
ophthalmologist noted, ``In my medical opinion, Mr. Overman's vision is
entirely sufficient to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Overman reported that he has driven straight
trucks for 39 years, accumulating 234,000 miles, and tractor-trailer
combinations for 35 years, accumulating 140,000 miles. He holds 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.
Reginald I. Powell
Mr. Powell, 59, has a retinal fold in his right eye due to a
traumatic incident that occurred in 1983. The best corrected visual
acuity in his right eye is light perception only, and in his left eye,
20/20. Following an examination in 2012, his optometrist noted, ``It is
in my medical opinion that the patient should be able to drive as long
as he is wearing proper corrective eyewear.'' Mr. Powell reported that
he has driven tractor-trailer combinations for 25 years, accumulating
1.2 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.
Jerry M. Puckett
Mr. Puckett, 58, has had a macular hole in his left eye sustained
due to a traumatic incident that occurred in 2009. The best corrected
visual acuity in his right eye is 20/20, and in his left eye, light
perception only. Following an examination in 2012, his ophthalmologist
noted, ``The patient does have the ability to recognize color of
traffic lights in the right eye, but not in the left eye and in our
medical opinion he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Puckett reported that
he has driven straight trucks for 4 years, accumulating 208,000 miles,
and tractor-trailer combinations for 33 years, accumulating 1.7 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.
[[Page 64841]]
Emin Toric
Mr. Toric, 34, has had amblyopia 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, ``Mr. Toric has normal vision in his
left eye which, in my opinion, is sufficient for operating a commercial
vehicle.'' Mr. Toric reported that he has driven tractor-trailer
combinations for 7 years, accumulating 1.4 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 November 23, 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: October 16, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-26055 Filed 10-22-12; 8:45 am]
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