Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
August 6, 2013
[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Notices]
[Pages 47818-47822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18918]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0165]
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 25 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 September 5, 2013.
[[Page 47819]]
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0165 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 Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).
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 25 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
Larry E. Blakely
Mr. Blakely, age 63, has had a retinal detachment in his right eye
since 2011. The visual acuity in his right eye is hand motion, and in
his left eye, 20/25. Following an examination in 2013, his
ophthalmologist noted, ``It would be my opinion that he would be safe
on the road. I would feel very comfortable with him driving next to me
and I think his level of visual performance should be adequate to
operate a commercial vehicle.'' Mr. Blakely reported that he has driven
straight trucks for 15 years, accumulating 510,000, and tractor-trailer
combinations for 20 years, accumulating 1.4 million miles. He holds a
Class A Commercial Driver's License (CDL) from Georgia. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
William Bucaria, Jr.
Mr. Bucaria, 37, has a shattered retina in his left eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/20, and in his left eye, light perception. Following an
examination in 2013, his optometrist noted, ``My opinion is that Mr.
Bucaria has sufficient vision to operate a commercial vehicle.'' Mr.
Bucaria reported that he has driven tractor-trailer combinations for 3
years, accumulating 288,000 miles. He holds a Class A CDL from Florida.
His driving record for the last 3 years shows no crashes and 2
convictions for moving violations in a CMV. In the first incident, he
failed to yield to an emergency vehicle. In the second incident, he
exceeded the speed limit by 10 mph.
Kevan M. Burke
Mr. Burke, 60, has had a retinal detachment in his right eye since
childhood. The visual acuity in his right eye is hand motion, and in
his left eye, 20/20. Following an examination in 2013, his optometrist
noted, ``In my medical opinion Mr. Burke has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Burke reported that he has driven straight trucks for 40 years,
accumulating 22,000 miles, and tractor-trailer combinations for 11
years, accumulating 2,200 miles. He holds a Class AM CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Thomas F. Caithamer
Mr. Caithamer, 48, has had a strabismic amblyopia in his right eye
since childhood. The visual acuity in his right eye is 20/60, and in
his left eye, 20/20. Following an examination in 2013, his optometrist
noted, ``Long standing amblyopia in the right eye (>40 yrs), which is
stable and adaptable to allow the patient to perform his necessary
operations for driving a commercial vehicle.'' Mr. Caithamer reported
that he has driven straight trucks for 26 years, accumulating 270,400
miles. He holds an 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.
Jaime M. Daigle
Mr. Daigle, 38, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/100, and in his left eye, 20/20.
Following an examination in 2013, his ophthalmologist noted, ``It is in
my medical opinion that Mr. Daigle has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Daigle
reported that he has driven straight trucks for 13 years, accumulating
651,742 miles. He holds an operator's license from Massachusetts. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
James E. Goodman
Mr. Goodman, 44, has a corneal laceration in his left eye due to a
traumatic incident in 2011. The visual acuity in his right eye is 20/
20, and in his left eye, 20/400. Following an examination in 2012, his
[[Page 47820]]
ophthalmologist noted, ``In my medical opinion, the patient has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Goodman reported that he has driven tractor-
trailer combinations for 25 years, accumulating 1.5 million miles. He
holds an operator's license from Alabama. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Britt A. Green
Mr. Green, 43, has had exotropia in his left eye since birth. The
visual acuity in his right eye is 20/15, and in his left eye, 20/200.
Following an examination in 2013, his optometrist noted, ``Therefore, I
certify that in my medical opinion, Mr. Green has sufficient vision to
perform the driving tasks required to operate a commercial vehicle to
take a practical, behind-the-wheel test.'' Mr. Green reported that he
has driven straight trucks for 28 years, accumulating 210,000 miles,
and tractor-trailer combinations for 22 years, accumulating 110,000
miles. He holds a Class A CDL from North Dakota. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Craig C. Harris
Mr. Harris, 41, has a macular scar in his right eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/125, and in his left eye, 20/20. Following an examination in
2012, his optometrist noted, ``It is my opinion that Mr. Harris is able
to drive with no limitations per my November 15, 2012 exam.'' Mr.
Harris reported that he has driven straight trucks for 21 years,
accumulating 630,000 miles. He holds an operator's license from New
Hampshire. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Jesus J. Huerta
Mr. Huerta, 41, has optic nerve damage in his right eye due to a
traumatic incident in 1995. The visual acuity in his right eye is no
light perception, and in his left eye, 20/25. Following an examination
in 2013, his optometrist noted, ``Mr. Huerta has had a CDL license for
a great many years after the loss of his right eye. I think his driving
record speaks for itself with regards to having `sufficient vision to
perform the driving tasks required to operate a commercial vehicle.' ''
Mr. Huerta reported that he has driven straight trucks for 8 years,
accumulating 108,000 miles. He holds a Class B CDL from Nevada. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Arlene S. Kent
Ms. Kent, 52, has had refractive amblyopia in her right eye since
childhood. The visual acuity in her right eye is 20/70, and in her left
eye, 20/20. Following an examination in 2013, her optometrist noted,
``Due to the fact that her condition only affects the central vision in
her right eye, the other eye has 20/20 with correction, and her
peripheral vision is excellent in both eyes, it is my medical opinion
that she has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Ms. Kent reported that she has driven
buses for 8 years, accumulating 16,000 miles. She holds a Class C CDL
from New Hampshire. Her driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Willie L. Murphy
Mr. Murphy, 52, has a prosthetic left eye due to a traumatic
incident during childhood. The visual acuity in his right eye is 20/20,
and in his left eye, no light perception. Following an examination in
2013, his optometrist noted, ``In my medical opinion he has sufficient
vision to perform the driving tasks associated with driving a
commercial vehicle.'' Mr. Murphy reported that he has driven straight
trucks for 25 years, accumulating 1 million miles. He holds a Class B
CDL from Indiana. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Chad J. Nolan
Mr. Nolan, 42, has had a congenitally underdeveloped optic nerve in
his right eye since birth. The visual acuity in his right eye is
counting fingers, and in his left eye, 20/20. Following an examination
in 2013, his optometrist noted, ``I feel Mr. Nolan does have the visual
ability to continue to safely operate a commercial vehicle.'' Mr. Nolan
reported that he has driven straight trucks for 4 years, accumulating
38,000 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.
Joseph J. Pudlik
Mr. Pudlik, 47, has had a refractive amblyopia in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, 20/400. Following an examination in 2013, his optometrist
noted, ``In my opinion vision is sufficient for driving commercial
vehicle.'' Mr. Pudlik reported that he has driven straight trucks for
24 years, accumulating 672,000 miles. He holds a Class BM CDL from
Illinois. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Freddie G. Reed
Mr. Reed, 60, has a corneal scar in his right eye due to a
traumatic incident in 2006. The visual acuity in his right eye is 20/
80, and in his left eye, 20/20. Following an examination in 2013, his
ophthalmologist noted, ``It is my medical opinion that Mr. Reed's
vision is stable and sufficient with correction to perform driving
tasks required to operate a commercial vehicle.'' Mr. Reed reported
that he has driven tractor-trailer combinations for 39 years,
accumulating 1.4 million miles. He holds a Class A CDL from
Mississippi. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Elmer L. Roberson
Mr. Roberson, 64, has a prosthetic left eye due to a traumatic
incident during childhood. The visual acuity in his right eye is 20/25,
and in his left eye, no light perception. Following an examination in
2013, his optometrist noted, ``This individual has driven almost 50
years with one eye and seems to have sufficient vision to perform the
driving tasks required for a commercial vehicle.'' Mr. Roberson
reported that he has driven straight trucks for 3 years, accumulating
288,000 miles, and tractor-trailer combinations for 10 years,
accumulating 1.6 million miles. He holds an operator's license from
Oklahoma. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Anthony R. Santomango
Mr. Santomango, 68, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/100, and in his
left eye, 20/20. Following an examination in 2012, his optometrist
noted, ``Patient has adapted very well over his lifetime and can
perform all driving task [sic] well, commercially or otherwise.'' Mr.
Santomango reported that he has driven straight trucks for 50 years,
accumulating 100,000 miles, tractor-trailer combinations for 50 years,
accumulating 1.5 million miles, and buses for 5 years, accumulating
5000 miles. He holds a Class A CDL from
[[Page 47821]]
Maine. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Daniel W. Schafer
Mr. Schafer, 29, has had optic atrophy in his right eye since
birth. The visual acuity in his right eye is 5/200, and in his left
eye, 20/15. Following an examination in 2013, his optometrist noted,
``In summary, in my medical opinion, Dan meets the standards set forth
in 49 CFR 391.41 and from an ophthalmic standpoint, appears capable of
operating a commercial vehicle.'' Mr. Schafer reported that he has
driven straight trucks for 13 years, accumulating 455,000 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.
Keith A. Sommers
Mr. Sommers, 46, has complete loss of vision in his right eye due
to a traumatic incident during childhood. The visual acuity in his
right eye is light perception, and in his left eye, 20/20. Following an
examination in 2013, his ophthalmologist noted, ``In my opinion, Mr.
Sommers has sufficient vision to operate a commercial vehicle safely.''
Mr. Sommers reported that he has driven straight trucks for 20 years,
accumulating 5,000 miles, and tractor-trailer combinations for 10
years, accumulating 3,750 miles. He holds a chauffeur's license from
Indiana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
James A. Spell
Mr. Spell, 56, has a macular scar in his right eye due to a
traumatic incident in 2009. The visual acuity in his right eye is 20/
400, and in his left eye, 20/20. Following an examination in 2012, his
ophthalmologist noted, ``I have found no reason that should preclude
Mr. Spell from obtaining a commercial driving license. He is safe to
continue driving commercial motor vehicles.'' Mr. Spell reported that
he has driven tractor-trailer combinations for 20 years, accumulating
700,000 miles. He holds a Class A CDL from Maryland. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Robert L. Spencer
Mr. Spencer, 58, 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/
200. Following an examination in 2013, his optometrist noted, ``Patient
has sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Spencer reported that he has driven straight
trucks for 35 years, accumulating 875,000 miles. He holds an operator's
license from Connecticut. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Scott C. Star
Mr. Star, 43, has had an anisometropic amblyopia in his left eye
since childhood. The visual acuity in his right eye is 20/20, and in
his left eye, 20/200. Following an examination in 2013, his optometrist
noted, ``His best corrected vision was 20/20 right eye and 20/200 left
eye . . . It is my impression that with correction, Mr. Star, is able
to operate a commercial motor vehicle without problem.'' Mr. Star
reported that he has driven straight trucks for 20 years, accumulating
2.9 million miles. He holds an 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.
Brian S. Stockwell
Mr. Stockwell, 52, has a retinal tear and cataract in his right eye
due to a traumatic incident in 1997. The visual acuity in his right eye
is 20/60, and in his left eye, 20/20. Following an examination in 2013,
his ophthalmologist noted, ``Brian Stockwell, a 51-year-old patient has
requested a letter to determine if he qualifies for a visual exemption
for a certain level Commercial Driver's Licence [sic] . . . Mr.
Stockwell has had an unblemished driving record over the past 15 years,
with the same level of vision, I feel it is reasonable to assume that
he will continue to do so.'' Mr. Stockwell reported that he has driven
straight trucks for 15 years, accumulating 450,000 miles. He holds a
Class BM CDL from Illinois. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Jeffrey R. Swett
Mr. Swett, 39, has had open angle glaucoma in his right eye since
2010. The visual acuity in his right eye is 20/300, and in his left
eye, 20/20. Following an examination in 2013, his ophthalmologist
noted, ``Mr. Swett has sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Swett reported that he
has driven tractor-trailer combinations for 14 years, accumulating 2.7
million miles. He holds a Class A CDL from South Carolina. His driving
record for the last 3 years shows no crashes and one conviction for a
moving violation in a CMV; he was driving in an improper lane.
Brian C. Tate
Mr. Tate, 37, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/100, and in his left eye, 20/25.
Following an examination in 2013, his ophthalmologist noted, ``It is of
my professional opinion that he is safe to operate a commercial
vehicle.'' Mr. Tate reported that he has driven straight trucks for 15
years, accumulating 240,000 miles, and tractor-trailer combinations for
14 years, accumulating 1.1 million miles. He holds a Class A CDL from
Virginia. His driving record for the last 3 years shows one crash, for
which he was cited, and no convictions for moving violations in a CMV.
Aaron M. Vernon
Mr. Vernon, 55, has had a prosthetic right eye since 2009. The
visual acuity in his right eye is no light perception, and in his left
eye, 20/20. Following an examination in 2013, his ophthalmologist
noted, ``In my medical opinion, my patient has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Vernon reported that he has driven straight trucks for 28 years,
accumulating 672,000 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.
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 September 5, 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.
Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand
[[Page 47822]]
delivery, but please use only one of these means. FMCSA recommends that
you include your name and a mailing address, an email address, or a
phone number in the body of your document so that FMCSA can contact you
if there are questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2013-0165 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2013-0165 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Issued on: July 30, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-18918 Filed 8-5-13; 8:45 am]
BILLING CODE 4910-EX-P