Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
October 28, 2013
[Federal Register Volume 78, Number 208 (Monday, October 28, 2013)]
[Notices]
[Pages 64271-64274]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25378]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0167]
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 24 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 November 27, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0167 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
[[Page 64272]]
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 24 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 Adams, Jr.
Mr. Adams, age 44, has had traumatic corneal necrosis in his left
eye since 1990. 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, ``It is my opinion the Mr. Adams should be allowed
to have his commercial license. Mr. Adams has been successfully driving
with only his right eye for the past 18 years.'' Mr. Adams reported
that he has driven tractor-trailer combinations for 17 years,
accumulating 1.64 million miles. He holds a Class A Commercial Driver's
License (CDL) from Florida. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Juan R. Andrade
Mr. Andrade, 53, has a macular hole in his right eye due to a
traumatic incident in 2001. The visual acuity in his right eye is 20/
70, and in his left eye, 20/20. Following an examination in 2013, his
ophthalmologist noted, ``I certify that, in my medical opinion, the
patient has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Andrade reported that he has driven
tractor-trailer combinations for 29 years, accumulating 2.9 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.
Ronald C. Ashley
Mr. Ashley, 42, has had amblyopia in his right eye since birth. 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, ``I find no
reason to restrict his duties as a CDL driver. I find that speaking
with Mr. Ashley that he is well aware of his visual situation and
understands the importance of good vision in his occupation as a CDL
holder. I find that he is fit to perform his duties.'' Mr. Ashley
reported that he has driven tractor-trailer combinations for 3 years,
accumulating 255,000 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.
Michael A. Bagwell
Mr. Bagwell, 38, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/200, and in his left eye, 20/20.
Following an examination in 2013, his optometrist noted, ``It is my
opinion that Mr. Bagwell has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Bagwell reported
that he has driven straight trucks for 10 years, accumulating 42,500
miles, and tractor-trailer combinations for 15 years, accumulating
67,500 miles. He holds an operator's license from Texas. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Lester E. Burnes
Mr. Burnes, 47, has a prosthetic left eye due to a traumatic
incident in 2012. The 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, ``It is my opinion that this patient has loss of
left eye due to trauma; well adapted to loss. Right eye visual
correction consistent with previous Rx and age. Patient shows better
than average adjustment to loss of one eye and approval for continued
CDL is recommended.'' Mr. Burnes reported that he has driven straight
trucks for 10 years, accumulating 1 million miles, and tractor-trailer
combinations for 5 years, accumulating 100,000 miles. He holds a Class
A CDL from New Mexico. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Miguel A. Calderon
Mr. Calderon, 40, has a prosthetic left eye due to a traumatic
incident in 1990. 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 opinion, Mr. Calderon has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Calderon reported that he has driven straight trucks for
5 years, accumulating 150,000 miles. He holds a Class A CDL from
California. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Terry L. Cliffe
Mr. Cliffe, 59, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2013, his optometrist noted, ``The
amblyopic right eye seems to be stable at this time and you have enough
vision in the left eye to be able to drive a commercial vehicle.'' Mr.
Cliffe reported that he has driven straight trucks for 4 years,
accumulating 272,000 miles, and tractor-trailer combinations for 10
years, accumulating 1.19 million miles. He holds a Class AM CDL from
Illinois. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Herman R. Dahmer, Jr.
Mr. Dahmer, 56, has amblyopia 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, counting fingers. Following an examination in
2013, his optometrist noted, ``Can drive a commercial vehicle.'' Mr.
Dahmer reported that he has driven straight trucks for 33 years,
accumulating 442,497 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.
Andrew S. Durward
Mr. Durward, 52, has had a central retinal vein occlusion in his
right eye since 2010. The visual acuity in his right eye is 20/70, and
in his left eye, 20/25. Following an examination in 2013, his
ophthalmologist noted, ``He is able to recognize the colors of traffic
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control signals and in my medical opinion has sufficient vision to
perform the driving task required to operate a commercial vehicle.''
Mr. Durward reported that he has driven straight trucks for 4 years,
accumulating 40,000 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.
James P. Fitzgerald
Mr. Fitzgerald, 57, has had a retinal detachment in his left eye
since 2010. The visual acuity in his right eye is 20/25, and in his
left eye, hand motion. Following an examination in 2012, his
ophthalmologist noted, ``Mr. Fitzgerald has sufficient vision to
perform the driving tasks to operate a commercial vehicle.'' Mr.
Fitzgerald reported that he has driven tractor-trailer combinations for
33 years, accumulating 3.1 million miles. He holds a Class AM CDL from
Massachusetts. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Vashion E. Hammond
Mr. Hammond, 34, has had a mature mixed cataract in his left eye
since 1982. The visual acuity in his right eye is 20/20, and in his
left eye, hand motion. Following an examination in 2013, his
optometrist noted, ``I certify that in my optometric opinion, Mr.
Hammond has sufficient vision to operate a commercial vehicle.'' Mr.
Hammond reported that he has driven tractor-trailer combinations for 5
years, accumulating 600,000 miles. He holds a Class A CDL from Florida.
His driving record for the last 3 years shows one crash, for which he
was cited due to careless driving, and one conviction for a moving
violation in a CMV; he exceeded the speed limit by 10 mph.
Louis E. Henry, Jr.
Mr. Henry, 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/
100. Following an examination in 2013, his optometrist noted, ``Based
upon my findings and medical expertise, I Dr. Rashid Omar hereby
certify Louis Henry to be visually able to safely operate a commercial
motor vehicle.'' Mr. Henry reported that he has driven straight trucks
for 32 years, accumulating 1.6 million miles, and tractor-trailer
combinations for 6 years, accumulating 150,000 miles. He holds a Class
DMA CDL from Kentucky. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Adam S. Larson
Mr. Larson, 33, has central opacity 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, 20/70. Following an examination in 2013,
his ophthalmologist noted, ``In my professional opinion, Mr. Larson has
normal peripheral vision and can operate a commercial vehicle.'' Mr.
Larson reported that he has driven straight trucks for 4.5 years,
accumulating 90,000 miles, and tractor-trailer combinations for 1.5
months, accumulating 1,600 miles. He holds a Class B CDL from Colorado.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Sally A. Leavitt
Ms. Leavitt, 49, has had optic neuropathy in her right eye since
childhood. The visual acuity in her right eye is 20/50, and in her left
eye, 20/25. Following an examination in 2012, her ophthalmologist
noted, ``I certify she has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Ms. Leavitt reported
that she has driven buses for 4 years, accumulating 16,640 miles. She
holds a Class C CDL from Nevada. Her driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Glenn H. Lewis, Jr.
Mr. Lewis, 45, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/70, and in his left eye, 20/20.
Following an examination in 2013, his optometrist noted, ``In my
opinion, from past performance and the current vision situation Glenn
should still be able to operate a commercial vehicle for his
employment, just as he has done for the past 15 years.'' Mr. Lewis
reported that he has driven straight trucks for 16 years, accumulating
3.3 million miles. He holds a Class A CDL from Ohio. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Leonardo Lopez
Mr. Lopez, 21, has complete loss of vision in his left eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/20. Following an examination in 2012, his optometrist noted, ``In
my medical opinion, Leonardo Lopez seems to have sufficient vision in
his right eye to perform the visual tasks associated with operating a
commercial vehicle.'' Mr. Lopez reported that he has driven straight
trucks for 1 year, accumulating 12,000 miles, and tractor-trailer
combinations for 2 years, accumulating 80,000 miles. He holds an
operator's license from Nebraska. His driving record for the last 3
years shows one crash, to which he did not contribute and for which he
was not cited, and no convictions for moving violations in a CMV.
Larry P. Magrath
Mr. Magrath, 49, has had refractive amblyopia in his right eye
since childhood. The visual acuity in his right eye is 20/80, and in
his left eye, 20/20. Following an examination in 2013, his optometrist
noted, ``I believe Larry Magrath has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Magrath
reported that he has driven straight trucks for 15 years, accumulating
75,000 miles, tractor-trailer combinations for 1 year, accumulating
30,000 miles, and buses for 5 years, accumulating 12,500 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.
Gilberto D. Miramontes
Mr. Miramontes, 44, has a retinal detachment in his right eye due
to a traumatic incident during childhood. The 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, given that Mr. Miramontes has had decreased vision in his
right eye for many years and that he has driven a commercial vehicle
with no incidents for four years, that [sic] Mr. Miramontes has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Miramontes reported that he has driven
tractor-trailer combinations for 4 years, accumulating 208,000 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.
Richard J. Pauxtis
Mr. Pauxtis, 51, has had a vascular occlusion in his left eye since
2002. The visual acuity in his right eye is 20/15, and in his left eye,
20/50. Following an examination in 2013, his optometrist noted, ``Mr.
Pauxtis has sufficient vision to perform the driving tasks required to
operate commercial vehicles.'' Mr. Pauxtis reported that he has driven
tractor-trailer combinations for 38 years,
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accumulating 4.56 million 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.
Johnny L. Powell
Mr. Powell, 48, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2013, his optometrist noted,
``Sufficient VA to perform commercial vehicles.'' Mr. Powell reported
that he has driven straight trucks for 2 years, accumulating 64,000
miles, and tractor-trailer combinations for 1 year, accumulating 47,000
miles. He holds a Class AM CDL from Maryland. His driving record for
the last 3 years shows no crashes and one conviction for a moving
violation in a CMV; he was operating a moving vehicle while the
operator/occupant was not restrained by a seatbelt.
Jacques W. Rainville
Mr. Rainville, 59, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/80, and in his left
eye, 20/20. Following an examination in 2013, his optometrist noted,
``In my medical opinion I believe Mr. Rainville has sufficient vision
to drive a commercial vehicle based on his long driving history and the
fact his vision has been mostly stable the last 10 years.'' Mr.
Rainville reported that he has driven tractor-trailer combinations for
25 years, accumulating 3.75 million miles. He holds a Class A CDL from
Vermont. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Jeffrey T. Skaggs
Mr. Skaggs, 38, has complete loss of vision in his right eye due to
a traumatic incident in 1996. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2013, his optometrist noted, ``Today's examination findings suggest
that he would be perfectly capable of operation [sic] a commercial
vehicle without limitations. His left eye has 20/20 vision with and
without correction. He has full peripheral vision.'' Mr. Skaggs
reported that he has driven straight trucks for 21 years, accumulating
1.05 million miles, and tractor-trailer combinations for 4 years,
accumulating 12,000 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.
Roy A. Whitaker
Mr. Whitaker, 36, has had refractive amblyopia in his left eye
since childhood. The visual acuity in his right eye is 20/20, and in
his left eye, 20/80. Following an examination in 2013, his optometrist
noted, ``He has refractive amblyopia in his left eye with best
corrected va [sic] 20/100, he has neglible [sic] rx [sic] in his right
eye and sees 20/20 . . . He appears to be competent and capable of
driving a commercial vehicle on our roads and highways.'' Mr. Whitaker
reported that he has driven straight trucks for 3.5 years, accumulating
84,000 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.
Sammy D. Wynn
Mr. Wynn, 55, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is hand motion, and in his left eye,
20/25. Following an examination in 2013, his optometrist noted, ``It is
my professional opinion that Mr. Sammy Wynn meets the requirements to
safely drive any motor vehicle.'' Mr. Wynn reported that he has driven
straight trucks for 15 years, accumulating 37,500 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.
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 November 27, 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 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-2013-0167 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-2013-0167 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Issued on: October 16, 2013.
Larry W. Minor,
Associate Administration for Policy.
[FR Doc. 2013-25378 Filed 10-25-13; 8:45 am]
BILLING CODE 4910-EX-P