Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
December 17, 2012
[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Notices]
[Pages 74731-74733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30294]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0338]
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 9 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 January 16, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0338 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
[[Page 74732]]
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 9 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
Sava A. Andjelich
Mr. Andjelich, age 45, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/200,
and in his left eye, 20/20. Following an examination in 2012, his
optometrist noted, ``In my professional opinion and based solely on my
findings, Mr. Andjelich appears to have sufficient visual capacity to
perform driving tasks involved with commercial vehicles.'' Mr.
Andjelich reported that he has driven straight trucks for 2 years,
accumulating 60,000 miles, and tractor-trailer combinations for 23
years, accumulating 1.8 million miles. He holds an operator's license
from Indiana. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
William Audinwood
Mr. Audinwood, 63, has had a corneal scar in his left eye due to a
traumatic incident since childhood. The 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, William Audinwood does
have sufficient visual fields to operate a commercial vehicle.'' Mr.
Audinwood reported that he has driven straight trucks for 36 years,
accumulating 720,000 miles. He holds a Class B Commercial Driver's
License (CDL) from New York. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Keith E. Breeding
Mr. Breeding, 54, has had an arterial occlusion in his right eye
since 2006. The best corrected visual acuity in his right eye is hand
motion, and in his left eye, 20/20. Following an examination in 2012,
his optometrist noted, ``In my opinion, Mr. Breeding has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle, but I assume no responsibility for his ability and the final
decision is on your agency.'' Mr. Breeding reported that he has driven
straight trucks for 33 years, accumulating 18,150 miles, and tractor-
trailer combinations for 26 years, accumulating 1.5 million miles. He
holds a Class A CDL from Indiana. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Manual Chancey
Mr. Chancey, 72, 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, 20/25. Following an examination in 2012, his
optometrist noted, ``His vision is sufficient enough to operate a
commercial vehicle.'' Mr. Chancey reported that he has driven tractor-
trailer combinations for 25 years, accumulating 2 million miles. He
holds a Class A CDL from Florida. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
David L. Ellis
Mr. Ellis, 31, has complete loss of vision in his right eye since
2007. The visual acuity in his left eye is 20/15. Following an
examination in 2012, his ophthalmologist noted, ``He, in my opinion,
has sufficient vision to perform the required commercial driving
tasks.'' Mr. Ellis reported that he has driven tractor-trailer
combinations for 7.5 years, accumulating 375,000 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.
Jack A. Hemelgarn
Mr. Hemelgarn, 60, has a retinal detachment in his left eye due to
a traumatic incident since 2008. 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 opinion, from a
vision stand point, he can safely perform the driving tasks required to
operate a commercial motor vehicle.'' Mr. Hemelgarn reported that he
has driven buses for 22 years, accumulating 880,000 miles. He holds a
Class B CDL from Minnesota. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Bobby L. Rupe
Mr. Rupe, 58, has complete loss of vision in his left eye due to a
traumatic incident since 1991. The best corrected visual acuity in his
right eye is 20/20. Following an examination in 2012, his optometrist
noted, ``In my medical opinion Mr. Rupe has sufficient vision to
perform the driving task required to, operate a commercial vehicle.''
Mr. Rupe reported that he has driven tractor-trailer combinations for
34 years, accumulating 3.4 million 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.
[[Page 74733]]
Gary Wanek
Mr. Wanek, 49, has had a central retinal hole in his left eye since
1982. 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, ``In my medical opinion, he has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Wanek reported that he has driven straight trucks for 25 years,
accumulating 175,000 miles. He holds an operator's license from
Nebraska. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Richard A. Wilt
Mr. Wilt, 65, has had a macular scar 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 medical opinion, with Mr. Wilt's good visual acuity and
normal peripheral visual fields, his vision is sufficient to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Wilt
reported that he has driven straight trucks for 20 years, accumulating
730,000 miles. He holds an operator's license 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 January 16, 2013. 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 28, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-30294 Filed 12-14-12; 8:45 am]
BILLING CODE 4910-EX-P