Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
November 26, 2012
[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Notices]
[Pages 70534-70537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28574]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0337]
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 18 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 December 26, 2012.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0337 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 18 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
Joseph Colecchi
Mr. Colecchi, age 27, has had amblyopia in his right eye since
birth. 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
optometrist noted, ``In my opinion, Mr. Colecchi has more than adequate
vision required to operate a commercial vehicle and there is no reason
that he should not continue to receive his CDL.'' Mr. Colecchi reported
that he has driven straight trucks for 8 years, accumulating 80,000
miles, and tractor-trailer combinations for 8 years, accumulating
80,000 miles. He holds a Class AM Commercial Driver's License (CDL)
from Pennsylvania. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
William A. Donovan
Mr. Donovan, 54, has had a cataract in his left eye since childhood
due to a traumatic incident. The visual acuity in his right eye is 20/
20, and in his left eye, 20/200. Following an examination in 2012, his
optometrist noted, ``In my medical opinion, Mr. Donovan has sufficient
vision to perform the driving tasks required to drive a vehicle while
on the job.'' Mr. Donovan reported that he has driven straight trucks
for 17 years, accumulating 142,800 miles. He holds an operator's
license from Washington. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Douglas Eamens
Mr. Eamens, 51, has had no light perception in his left eye since
childhood due to a traumatic incident. The best corrected 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
medical opinion, I feel that Mr. Eamens has sufficient vision to
operate a commercial vehicle.'' Mr. Eamens reported that he has driven
straight trucks for 5 years, accumulating 300,000 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.
Brian Knust
Mr. Knust, 47, has had a retinal detachment in his right eye since
February 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
optometrist noted, ``Brian Knust, in my medical opinion, has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Knust reported that he has driven straight trucks for 17
years, accumulating 637,500 miles. He holds a Class D operator's
license from Illinois. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Scott A. Lambertson
Mr. Lambertson, 48, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/15, and in his left
eye, 20/60. Following an examination in 2011, his optometrist noted,
``There is no reason for me to believe that this patient would have any
difficulty performing the driving tasks required to operate a
commercial motor vehicle.'' Mr. Lambertson reported that he has driven
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straight trucks for 3 years, accumulating 18,000 miles, and tractor-
trailer combinations for 4 years, accumulating 8,000 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.
James W. Long
Mr. Long, 57, has had a traumatic cataract in his right eye since
1967. The best corrected visual acuity in his right eye is counting
fingers, and in his left eye, 20/15. Following an examination in 2012,
his optometrist noted, ``Patient has sufficient vision for commercial
vehicle operation.'' Mr. Long reported that he has driven straight
trucks for 35 years, accumulating 875,000 miles, and tractor-trailer
combinations for 3 years, accumulating 90,000 miles. He holds a Class D
operator's license from Arkansas. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Dean L. Price
Mr. Price, 45, 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, ``In my opinion, I believe that Dean has the sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Price reported that he has driven straight trucks for 10
years, accumulating 25,000 miles, and tractor-trailer combinations for
4 years, averaging 216,000 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.
Roberto Ramos
Mr. Ramos, 50, has had amblyopia in his left eye since birth. The
best corrected visual acuity in his right eye is 20/20, and in his left
eye, 20/100. Following an examination in 2012, his optometrist noted,
``In my opinion, and by DPS state standards, Mr. Ramos has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Ramos reported that he has driven buses for 14 years,
accumulating 909,538 miles. He holds a Class B CDL from Texas. 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.
Johnie Reed
Mr. Reed, 54, has had open angle glaucoma in his right eye since
2008. 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
ophthalmologist noted, ``The patient has sufficient vision to drive a
commercial vehicle.'' Mr. Reed reported that he has driven tractor-
trailer combinations for 24 years, accumulating 1.2 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.
Charles Roudebush
Mr. Roudebush, 36, has had a macular scar and amblyopia in his
right eye since childhood. The best corrected visual acuity in his
right eye is 20/200, and in his left eye, 20/25. Following an
examination in 2012, his ophthalmologist noted, ``In my opinion, Mr.
Roudebush's retina shows scarring of macula and periphery of right eye.
This correlates with longstanding amblyopia. The left was clear of any
retinopathy. I feel based on this information that he is able to
perform driving tasks to operate a commercial vehicle.'' Mr. Roudebush
reported that he has driven straight trucks for 3 years, accumulating
72,000 miles. He holds Class D 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.
Mario G. Sanseverino
Mr. Sanseverino, 59, has complete loss of vision in his left eye
due to a traumatic incident in 2008. The best corrected visual acuity
in his right eye is 20/20. Following an examination in 2012, his
optometrist noted, ``Mr. Sanseverino has been operating a commercial
vehicle for 3 years post injury to his left eye. He has been accident
free during this time. Therefore, I feel he has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Sanseverino reported that he has driven straight trucks for 33
years, accumulating 330,000 miles, and tractor-trailer combinations for
33 years, accumulating 1.32 million miles. He holds a Class A CDL from
Oklahoma. 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 10
mph.
Samuel Soles
Mr. Soles, 29, has had aphakia and a corneal scar in his right eye
since childhood due to a traumatic incident. 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 ophthalmologist noted that
Mr. Soles ``has full field OS and has the ability to recognize the
colors of traffic control signals and devices showing red, green, and
amber, and in my opinion has sufficient vision in the left eye to
operate a commercial vehicle.'' Mr. Soles reported that he has driven
straight trucks for 4.5 years, accumulating 64,800 miles. He holds a
Class C chauffeur license 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.
Joseph Stenberg
Mr. Stenberg, 34, has had complete loss of vision in his left eye
since 2008 due to a traumatic incident. The best corrected visual
acuity in his right eye 20/20. Following an examination in 2012, his
optometrist noted, ``In my opinion, Joe has sufficient vision to
perform many tasks including driving a commercial motor vehicle.'' Mr.
Stenberg reported that he has driven straight trucks for 16 years,
accumulating 720,000 miles, tractor-trailer combinations for 11 years,
accumulating 770,000 miles, and buses for 4 months, accumulating 8,000
miles. He holds a Class A CDL from Montana. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Karl H. Strangfeld
Mr. Strangfeld, 58, has had amblyopia in his left eye since birth.
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, ``In my medical opinion, he has sufficient vision to perform the
driving tasks necessary to operate a commercial vehicle.'' Mr.
Strangfeld reported that he has driven straight trucks for 6 years,
accumulating 18,000 miles, and tractor-trailer combinations for 6
years, accumulating 90,000 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.
Grover C. Taylor
Mr. Taylor, 57, has had refractive amblyopia in his left eye since
birth. The best corrected visual acuity in his right eye is 20/20, and
in his left eye, 20/100. Following an examination in 2012, his
optometrist noted, ``In my
[[Page 70537]]
opinion and without reservation I believe Mr. Taylor is able to
visually perform the task of operating a commercial vehicle.'' Mr.
Taylor reported that he has driven tractor-trailer combinations for 3
years, accumulating 111,000 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.
Jimmy Van Meter
Mr. Van Meter, 63, has had a traumatic cataract and glaucoma since
age 15, causing a field defect in his right eye. The best corrected
visual acuity in his right eye is 20/25, and in his left eye, 20/30.
Following an examination in 2012, his ophthalmologist noted, ``There
have been no changes in your visual acuity or visual fields since 2007.
It is my opinion that if you have been able to operate a commercial
vehicle since that time, then there is no reason to make a change at
this time.'' Mr. Van Meter reported that he has driven tractor-trailer
combinations for 44 years, accumulating 5.5 million miles. He holds a
Class A CDL from Arkansas. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Keith Washington
Mr. Washington, 55, has had a branch retinal artery occlusion in
his right eye since 1985 due to a traumatic incident. 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,
``Patient has sufficient vision to drive and operate a commercial
vehicle.'' Mr. Washington reported that he has driven straight trucks
for 6 years, accumulating 366,000 miles, and tractor-trailer
combinations for 19 years, accumulating 1.08 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.
Donald L. Weston
Mr. Weston, 39, has had medullated nerve fibers in his right eye
since birth. The best corrected visual acuity in his right eye is
counting fingers, and in his left eye, 20/20. Following an examination
in 2012, his optometrist noted, ``Donald's right eye alone has about
65% intact visual field and along with the normal vision and full field
of his left eye, again I have no concern that Donald will be more than
capable of operating a commercial vehicle.'' Mr. Weston reported that
he has driven straight trucks for 7 years, accumulating 77,000 miles,
and buses for 7 months, accumulating 9000 miles. He holds an 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.
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 December 26, 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: November 14, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-28574 Filed 11-23-12; 8:45 am]
BILLING CODE 4910-EX-P