Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
January 9, 2013
[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1919-1921]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00231]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0339]
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 February 8, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0339 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
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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 December 29, 2010 (75 FR 82132) at http://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.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
Benny L. Bailey
Mr. Bailey, age 56, has had central scotoma in his right eye due to
a traumatic incident 20 years ago. 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, ``In my medical opinion I
believe that Mr. Bailey has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Bailey reported
that he has driven straight trucks for 10 years, accumulating 852,000
miles. He holds a Class B Commercial Driver's License (CDL) from
Tennessee. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Bobby R. Carter, Sr.
Mr. Carter, 65, has had a branch retinal vein occlusion in his left
eye since 1995. The visual acuity in his right eye is 20/20, and in his
left eye, hand motion. Following an examination in 2012, his
optometrist noted, ``He has the ability to perform commercial driving
tasks as he has been doing for many years.'' Mr. Carter reported that
he has driven tractor-trailer combinations for 20 years, accumulating
1.5 million miles. He holds a Class C CDL from Michigan. His driving
record for the last 3 years shows one crash, for which he was not
cited, and no convictions for moving violations in a CMV.
Brent Coleman
Mr. Coleman, 50, 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/
40. Following an examination in 2012, his ophthalmologist noted, ``If
his perimetry tests are normal and he is not required to have binocular
vision, then he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Coleman reported that
he has driven tractor-trailer combinations for 12.5 years, accumulating
1.5 million miles. He holds a Class A CDL from Texas. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Adan Cortes-Juarez
Mr. Cortes-Juarez, 54, has had hyperopia with amblyopia in his left
eye since childhood. The best corrected visual acuity in his right eye
is 20/25, and in his left eye, 20/60. Following an examination in 2012,
his ophthalmologist noted, ``I certify that Adan Cortes-Juarez can
operate a commercial vehicle safely on the basis of his visual
acuity.'' Mr. Cortes-Juarez reported that he has driven tractor-trailer
combinations for 31 years, accumulating 1.86 million 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.
Lisa M. Durey
Ms. Durey, 44, 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, 20/80. Following an examination in 2012, her optometrist
noted, ``In my opinion, Lisa has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Ms. Durey
reported that she has driven straight trucks for 12 years, accumulating
200,000 miles, and tractor-trailer combinations for 3 months,
accumulating 300 miles. She holds a Class B CDL from Illinois. Her
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
David P. Elliott
Mr. Elliott, 59, 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,
``It is in my medical opinion that there is sufficient vision to
operate a commercial vehicle.'' Mr. Elliott reported that he has driven
straight trucks for 20 years, accumulating 1 million miles, and
tractor-trailer combinations for 10 years, accumulating 1.25 million
miles. He holds a Class B CDL from Ohio. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Matthew T. Eggers
Mr. Eggers, 44, has had amblyopia in his right eye since birth. 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, ``The patient's visual function should be adequate to operate a
commercial vehicle.'' Mr. Eggers reported that he has driven straight
trucks for 13 years,
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accumulating 260,000 miles, and tractor-trailer combinations for 12
years, accumulating 24,000 miles. He holds a Class A CDL from Iowa. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Jerry Hall
Mr. Hall, 51, 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, 20/50. Following an examination in 2012, his ophthalmologist
noted, ``Mr. Hall's diagnosis is amblyopia OS which is stable and non-
progressive. With these findings he should be able to operate a motor
vehicle commercially.'' Mr. Hall reported that he has driven straight
trucks for 7 years, accumulating 84,000 miles, and tractor-trailer
combinations for 6 months, accumulating 8,000 miles. He holds a Class D
CDL from Kentucky. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Jerry L. Parker
Mr. Parker, 57, has had a mature cataract in his right eye due to a
traumatic incident during childhood. 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, ``Since he received this
injury as a child, he has adapted well with head movements to safely
drive a commercial vehicle.'' Mr. Parker reported that he has driven
straight trucks for 30 years, accumulating 375,000 miles. He holds an
operator's license from New Mexico. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Colin Passmore
Mr. Passmore, 43, has had complete loss of vision in his left eye
due to a traumatic incident at age 15. The best corrected visual acuity
in his right eye is 20/20. Following an examination in 2012, his
optometrist noted, ``In my professional opinion, Colin can safely
operate a commercial vehicle. His acuity and visual field are excellent
and with the duration of the deficiency he is fully adapted.'' Mr.
Passmore reported that he has driven straight trucks for 4 years,
accumulating 200,000 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.
Dennis W. Pevey
Mr. Pevey, 56, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/40, and in his
left eye, 20/60. Following an examination in 2012, his ophthalmologist
noted, ``In my option, this person has sufficient vision to operate a
commercial motor vehicle safely.'' Mr. Pevey reported that he has
driven tractor-trailer combinations for 29 years, accumulating 2.32
million miles. He holds a Class A CDL from Georgia. 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.
Charles D. Reddick
Mr. Reddick, 32, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/70.
Following an examination in 2012, his optometrist noted, ``It is my
professional opinion that Mr. Charles Reddick has sufficient vision to
perform the driving of a commercial vehicle.'' Mr. Reddick reported
that he has driven tractor-trailer combinations for 7 years,
accumulating 875,000 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.
Frank Santak
Mr. Santak, 56, has had refractive 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
optometrist noted, ``In my opinion, I believe that Mr. Santak has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle at this time.'' Mr. Santak reported that he has
driven straight trucks for 27 years, accumulating 202,500 miles. He
holds a Class C CDL from Delaware. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Curtis E. Way
Mr. Way, 53, has had complete loss of vision in his left eye due to
complications during surgery eight years ago. The best corrected visual
acuity in his right eye is 20/20. Following an examination in 2012, his
optometrist noted, ``He has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Way reported that
he has driven straight trucks for 15 years, accumulating 18,000 miles,
and tractor-trailer combinations for 10 years, accumulating 1.4 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.
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 February 8, 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: December 28, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-00231 Filed 1-8-13; 8:45 am]
BILLING CODE 4910-EX-P