Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
February 13, 2013
[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Notices]
[Pages 10251-10253]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03337]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0021]
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 8 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 March 15, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0021 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
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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 Federal Docket
Management System (FDMS) published in the Federal Register on December
29, 2010 (75 FR 82132), or you may visit 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 8 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
Michael L. Bergman
Mr. Bergman, age 56, has a prosthetic right eye due to a traumatic
incident in 2009. The best corrected visual acuity in his left eye is
20/20. Following an examination in 2012, his optometrist noted, ``I
believe that Mike's vision is sufficient to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Bergman reported that
he has driven straight trucks for 37 years, accumulating 74,000 miles,
and tractor-trailer combinations for 25 years, accumulating 250,000
miles. He holds a Class A Commercial Driver's License (CDL) from
Kansas. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Efrain Gonzalez
Mr. Gonzalez, 52, 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, ``At this
time, Mr. Gonzalez has sufficient vision to safely operate a commercial
motor vehicle.'' Mr. Gonzalez reported that he has driven straight
trucks for 12 years, accumulating 360,000 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.
Anthony Hall
Mr. Hall, 43, has had a retinal vein occlusion in his right eye
since 2003. The 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, ``In my opinion, the patient has full fields of
his left eye and 20/20 vision in his left eye. He is capable of
operating a commercial vehicle.'' Mr. Hall reported that he has driven
tractor-trailer combinations for 13 years, accumulating 1.2 million
miles. He holds a Class A CDL from Louisiana. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Shane Holum
Mr. Holum, 32, has had optic nerve atrophy in his right eye since
2002 due to a traumatic incident. The best corrected visual acuity in
his right eye is light perception, and in his left eye, 20/20.
Following an examination in 2012, his optometrist noted, ``In my
opinion he has sufficient vision to drive and operate a commercial
vehicle.'' Mr. Holum reported that he has driven straight trucks for 4
years, accumulating 16,000 miles. He holds a Class A CDL from Oregon.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Daryl W. Morris
Mr. Morris, 70, has had optic nerve atrophy in his left eye since
1992. 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, ``I want to certify in my medical opinion that
Mr. Morris has sufficient vision to perform the driving task required
to operate a commercial vehicle.'' Mr. Morris reported that he has
driven straight trucks for 8 years, accumulating 80,000 miles. He holds
a Class A CDL from Missouri. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Dan Nestel
Mr. Nestel, 53, has had a ruptured globe in his right eye due to a
traumatic incident in 2009. 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 ophthalmologist noted, ``In my medical opinion
Mr. Nestel does have sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Nestel reported that he
has driven tractor-trailer combinations for 25 years, accumulating 1.2
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.
Thomas G. Normington
Mr. Normington, 47, has a prosthetic right eye due to a traumatic
incident in 1986. The best corrected visual acuity in his left eye is
20/15. Following an
[[Page 10253]]
examination in 2012, his optometrist noted, ``In my opinion, Mr.
Normington has sufficient vision to perform the driving tasks required
to safely operate a commercial vehicle.'' Mr. Normington reported that
he has driven straight trucks for 14 years, accumulating 280,000 miles,
and tractor-trailer combinations for 14 years, accumulating 140,000
miles. He holds a Class A CDL from Wyoming. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Thomas L. Terrell
Mr. Terrell, 57, has had a chronic retinal detachment in his left
eye due to a traumatic incident in 1984. 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 ophthalmologist
noted, ``He has sufficient vision in his right eye and unless he has
some future problem in the right eye, he should have no problems
performing his duties of operating a commercial vehicle.'' Mr. Terrell
reported that he has driven straight trucks for 39 years, accumulating
78,000 miles, and tractor-trailer combinations for 39 years,
accumulating 273,000 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.
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 March 15, 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: February 4, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-03337 Filed 2-12-13; 8:45 am]
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