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 64274-64280]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25377]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0169]
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 48 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
[[Page 64275]]
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-2013-0169 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 48 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
Lawrence A. Angle
Mr. Angle, age 49, has complete loss of vision in his left eye due
to a traumatic incident in 1986. 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. Angle
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Angle reported that he has driven straight
trucks for 8 years, accumulating 400,000 miles, and tractor-trailer
combinations for 27 years, accumulating 2.8 million miles. He holds a
Class A Commercial Driver's License (CDL) from Missouri. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Alois K. Asche
Mr. Asche, 57, has had acquired anophthalmos in his right eye since
1999. The visual acuity in his right eye is no light perception, and in
his left eye, 20/15. Following an examination in 2013, his
ophthalmologist noted, ``It is my medical opinion, Mr. Asche does have
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Asche reported that he has driven straight
trucks for 39 years, accumulating 312,000 miles, and tractor-trailer
combinations for 35 years, accumulating 140,000 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.
John P. Bails
Mr. Bails, 70, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/400.
Following an examination in 2013, his optometrist noted, ``I certify
that, in my medical opinion, this patient has sufficient vision to
operate a commercial motor vehicle.'' Mr. Bails reported that he has
driven straight trucks for 10 years, accumulating 500,000 miles, and
tractor-trailer combinations for 8 years, accumulating 400,000 miles.
He holds an operator's license from Iowa. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Craig J. Belles
Mr. Belles, 48, has had anisometropic 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 2013, his optometrist
noted, ``In my medical opinion, Mr. Belles definitely has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Belles reported that he has driven straight trucks for
14 years, accumulating 94,500 miles. He holds an operator's license
from New York. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
John E. Bellosi, Jr.
Mr. Bellosi, 48, 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/
60. Following an examination in 2013, his optometrist noted, ``Mr.
Bellosi has amblyopia in his left eye and that's why the vision is 20/
60 corrected. His vision is stable and in my professional opinion he
can safely perform driving tasks required to operate a commercial
vehicle.'' Mr. Bellosi reported that he has driven straight trucks for
28 years, accumulating 560,000 miles. He holds an operator's license
from Maryland. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
[[Page 64276]]
Thomas A. Black
Mr. Black, 40, 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/
400. Following an examination in 2013, his optometrist noted, ``In my
medical opinion, Mr. Black has demonstrated his ability to do his job
well even with his visual issues. Despite his longstanding visual
deficit in his left eye, he has likely compensated well throughout his
lifetime and should be considered to retain his commercial vehicle
license.'' Mr. Black reported that he has driven straight trucks for 8
years, accumulating 32,000 miles. He holds a Class B CDL from Missouri.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Eugene R. Briggs
Mr. Briggs, 49, has penetration trauma from a foreign object in his
left eye due to a traumatic incident in 1982. 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, ``Has sufficient vision to
operate a commercial vehicle.'' Mr. Briggs reported that he has driven
straight trucks for 6 years, accumulating 216,000 miles. He holds a
chauffeur's license from Michigan. His driving record for the last 3
years shows no crashes and one conviction for a moving violation in a
CMV; he disobeyed a traffic signal.
Matthew S. Burns
Mr. Burns, 41, has had refractive amblyopia in his right eye since
birth. 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 opinion, Matthew has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Burns
reported that he has driven straight trucks for 10 years, accumulating
40,000 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.
Ryan J. Burnworth
Mr. Burnworth, 35, has complete loss of vision in his right eye due
to a traumatic incident in 1980. 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 that Mr. Burnworth does not have any
visual defects or field loss that would affect the safe operation of a
commercial motor vehicle. Mr. Burnworth reported that he has driven
straight trucks for 15 years, accumulating 312,000 miles. He holds an
operator's license from Missouri. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Dennis W. Burrage II
Mr. Burrage, 41, has had enucleation in his right eye since 2005.
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 that Mr. Burrage does not have any visual defects or field loss
that would affect the safe operation of a commercial vehicle.
Mr. Burrage reported that he has driven straight trucks for 1 year,
accumulating 14,000 miles, and tractor-trailer combinations for 3.5
years, accumulating 336,000. 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.
Freddie A. Carrasquillo
Mr. Carrasquillo, 45, 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,
``It is my opinion that Mr. Carrasquillo has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Carrasquillo reported that he has driven straight trucks for 17
years, accumulating 187,850 miles, and tractor-trailer combinations for
7 years, accumulating 31,850. 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.
Luis Castelleon-Berrios
Mr. Castelleon-Berrios, 29, has had complete loss of vision in his
right eye since childhood. 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 that, in her medical opinion, Mr.
Castelleon-Berrios does have sufficient vision to operate a commercial
motor vehicle. Mr. Castelleon-Berrios reported that he has driven
straight trucks for 3 years, accumulating 1.2 million miles. He holds
an operator's license from New York. His driving record for the last 3
years shows no crashes and two convictions for moving violations in a
CMV; both times he violated the truck route restrictions.
Michael D. Champion
Mr. Champion, 31, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/80, and in his left
eye, 20/15. Following an examination in 2013, his optometrist noted,
``His vision is sufficient to safely operate a commercial vehicle.''
Mr. Champion reported that he has driven straight trucks for 6 years,
accumulating 150,000 miles. He holds an operator's license from
Vermont. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Kevin J. Cobb
Mr. Cobb, 55, 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, and in his left eye, light perception. Following an
examination in 2013, his optometrist noted, ``Based on these findings
and stability of Kevin's visual status, I feel he has sufficient vision
at this time to operate a commercial vehicle for agricultural use.''
Mr. Cobb reported that he has driven straight trucks for 39 years,
accumulating 390,000 miles, and tractor-trailer combinations for 39
years, accumulating 312,000 miles. He holds a Class A CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Walter F. Crean III
Mr. Crean, 50, has had exotropia in his left eye since 2008. The
visual acuity in his right eye is 20/20, and in his left eye, counting
fingers. Following an examination in 2013, his ophthalmologist noted,
``This patient has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Crean reported that he
has driven straight trucks for 5 years, accumulating 250,000 miles, and
tractor-trailer combinations for 24 years, accumulating 2.5 million
miles. He holds a Class A CDL from Connecticut. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Lee A. DeHaan
Mr. DeHaan, 47, has a prosthetic right eye due to a traumatic
incident in 2003. The visual acuity in his right eye is no light
perception, and in his left eye, 20/15. Following an examination in
2013, his optometrist noted, ``It is my medical opinion that Mr. DeHaan
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. DeHaan reported that he has driven tractor-
trailer combinations
[[Page 64277]]
for 25 years, accumulating 2.5 million miles. He holds a Class A3 CDL
from South Dakota. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Vincent DeMedici
Mr. DeMedici, 60, has had complete loss of vision in his right eye
since birth. The visual acuity in his right eye is no light perception,
and in his left eye, 20/10. Following an examination in 2013, his
optometrist noted, ``It is my opinion that Mr. DeMedici has sufficient
vision to continue to perform the driving tasks required to operate a
commercial vehicle.'' Mr. DeMedici reported that he has driven straight
trucks for 15 years, accumulating 750,000 miles, and tractor-trailer
combinations for 43 years, accumulating 4.3 million 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.
Bradley R. Dishman
Mr. Dishman, 62, has had a corneal scar in his left eye since 1996.
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, ``It is
my opinion that Mr. Dishman has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Dishman
reported that he has driven straight trucks for 30 years, accumulating
180,000 miles. He holds a Class B CDL from Kentucky. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Christopher T. Faber
Mr. Faber, 46, 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 that Mr. Faber does not have any visual
defects or field loss that would affect the safe operation of a
commercial motor vehicle. Mr. Faber reported that he has driven
straight trucks for 7 years, accumulating 49,140 miles. He holds an
operator's license from Florida. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Frederick E. Foster
Mr. Foster, 69, 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, ``I am of
the opinion that this patient has sufficient vision to operate a
commercial vehicle.'' Mr. Foster reported that he has driven straight
trucks for 10 years, accumulating 300,000 miles. He holds an operator's
license from Virginia. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Gregory K. Frazier
Mr. Frazier, 52, has retinal damage 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 ophthalmologist noted, ``With his visual field
testing done today and his previous information in regards to his right
eye, Mr. Frazier has sufficient vision to meet the regulations and
exemption rule for operating a commercial vehicle.'' Mr. Frazier
reported that he has driven straight trucks for 2 years, accumulating
80,000 miles, and tractor-trailer combinations for 15 years,
accumulating 1.5 million 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.
John E. Gannon, Jr.
Mr. Gannon, 63, 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, ``In my
medical opinion, Mr. Gannon has sufficient vision to perform the
driving tasks necessary for a commercial vehicle.'' Mr. Gannon reported
that he has driven straight trucks for 7 years, accumulating 126,000
miles, and tractor-trailer combinations for 1 year, accumulating 39,000
miles. He holds a Class A CDL from Nevada. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Thomas G. Gholston
Mr. Gholston, 41, has a macular scar 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, 20/200. Following an examination in
2013, his optometrist noted, ``I certify that in my professional
opinion, Mr. Gholston has sufficient vision to safely perform the
driving tasks required to operate a commercial vehicle.'' Mr. Gholston
reported that he has driven straight trucks for 18.75 years,
accumulating 468,750 miles. He holds a Class B CDL from Mississippi.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Thomas J. Grant
Mr. Grant, 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, 20/200. Following an examination in 2013, his optometrist noted
that Mr. Grant does not require a periodic vision evaluation to monitor
changes that may affect driving and that the department does not need
to request a statement of Mr. Grant's medical/physical condition that
may affect his ability to safely operate a commercial motor vehicle.
Mr. Grant reported that he has driven straight trucks for 1 month,
accumulating 200 miles, and tractor-trailer combinations for 11 years,
accumulating 820,600 miles. He holds a Class CA CDL from Michigan. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Donald Latozke
Mr. Latozke, 59, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/80, and in his left eye, 20/
20. Following an examination in 2012, his optometrist noted that Mr.
Latozke does not have any visual defects or field loss that would
affect the safe operation of a commercial motor vehicle. Mr. Latozke
reported that he has driven straight trucks for 50 years, accumulating
250,000 miles, tractor-trailer combinations for 1 year, accumulating
500 miles, and buses for 12 years, accumulating 1,200 miles. He holds
an operator's license from North Dakota. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Michael R. Leftwich
Mr. Leftwich, 57, has had anisometropic 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
ophthalmologist noted, ``In my opinion he has sufficient vision to
perform the driving tasks to operate a commercial vehicle.'' Mr.
Leftwich reported that he has driven straight trucks for 28 years,
accumulating 145,600 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.
[[Page 64278]]
Luther D. Long
Mr. Long, 68, has had corneal scarring in his right eye since 2010.
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 that, in
his opinion, Mr. Long does have sufficient vision to operate a
commercial motor vehicle safely. Mr. Long reported that he has driven
tractor-trailer combinations for 35 years, accumulating 2.63 million
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.
George Malivuk
Mr. Malivuk, 56, has had amblyopia in his left eye since 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, ``In my opinion Mr. Malivuk has sufficient vision to safely
drive a commercial vehicle.'' Mr. Malivuk reported that he has driven
straight trucks for 17 years, accumulating 170,000 miles, and tractor-
trailer combinations for 1 year, accumulating 1,000 miles. He holds a
Class ABCDM CDL from Wisconsin. His driving record for the last 3 years
shows one crash, for which he was not cited, and no moving violations
in a CMV.
Humberto Mendoza
Mr. Mendoza, 50, has corneal scarring in his right eye due to a
traumatic incident during childhood. 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, ``My medical opinion is that the patient
possesses sufficient vision to perform driving tasks required to
operate a commercial vehicle.'' Mr. Mendoza reported that he has driven
straight trucks for 10 years, accumulating 93,000 miles. He holds a
Class B CDL from Texas. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Chad A. Miller
Mr. Miller, 42, 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, 20/16. Following an examination in 2013, his optometrist noted,
``Based on these findings, I feel Chad A. Miller has the visual
abilities to operate a commercial motor vehicle in interstate commerce
because the visual loss in his right eye occurred in shortly after
birth and has been stable since that time.'' Mr. Miller reported that
he has driven straight trucks for 18 years, accumulating 72,000 miles,
and tractor-trailer combinations for 3 years, accumulating 2,400 miles.
He holds an operator's license from Iowa. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Calvin Nesbitt
Mr. Nesbitt, 60, has a prosthetic left eye due to a traumatic
incident in 1988. 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. Nesbitt has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.''
Mr. Nesbitt reported that he has driven tractor-trailer
combinations for 40 years, accumulating 4 million 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.
Vincent R. Neville
Mr. Neville, 43, has had esotropia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
60. Following an examination in 2013, his optometrist noted, ``In my
opinion, Vince can safely perform the driving tasks required to operate
a commercial motor vehicle.'' Mr. Neville reported that he has driven
straight trucks for 12 years, accumulating 132,000 miles, and tractor-
trailer combinations for 7 years, accumulating 17,500 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.
William L. Paschall
Mr. Paschall, 57, has a prosthetic right eye due to a traumatic
incident during childhood. 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, ``In my opinion, he meets the vision
requirements to drive a commercial vehicle without spectacle
correction.'' Mr. Paschall reported that he has driven straight trucks
for 8 years, accumulating 800,000 miles. He holds an operator's license
from Maryland. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Emiterio M. Pena
Mr. Pena, 71, has had a macular hole in his left eye since 2009.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2013, his ophthalmologist noted, ``In
my medical opinion Mr. Pena has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Pena
reported that he has driven buses for 28 years, accumulating 604,800
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.
Daniel F. Perez
Mr. Perez, 29, 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, ``Based
upon his [sic] findings and history of commercial truck driving, I find
him in my professional opinion to have sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Perez
reported that he has driven tractor-trailer combinations for 9 years,
accumulating 936,000 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.
Kerry R. Powers
Mr. Powers, 45, has a prosthetic left eye due to a traumatic
incident in 1993. The visual acuity in his right eye is 20/15, and in
his left eye, no light perception. Following an examination in 2013,
his ophthalmologist noted, ``In conclusion, in my medical opinion, he
certainly has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Powers reported that he has
driven straight trucks for 2 years, accumulating 48,000 miles, and
tractor-trailer combinations for 8 years, accumulating 1 million miles.
He holds a Class A CDL from Indiana. His driving record for the last 3
years shows no crashes and one conviction for a moving violation in a
CMV; he exceeded the speed limit by 7 mph.
Jonathan Pryor
Mr. Pryor, 30, has had enucleation in his right eye since
childhood. 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, ``Mr. Pryor has been driving a motor vehicle for
several years now and for this reason as well as the good vision acuity
and normal fields in his left eye, I am of the opinion that he has
sufficient vision to operate a commercial vehicle.'' Mr. Pryor reported
that he has driven straight trucks for 7
[[Page 64279]]
years, accumulating 21,000 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.
Nick A. Reed
Mr. Reed, 46, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/200.
Following an examination in 2013, his optometrist noted that Mr. Reed
does not have any visual defects or field loss that would affect the
safe operation of a commercial motor vehicle. Mr. Reed reported that he
has driven straight trucks for 9 years, accumulating 5,400 miles, and
tractor-trailer combinations for 4 years, accumulating 2,080 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.
Joe W. Restine
Mr. Restine, 50, has complete loss of vision in his left eye due to
a traumatic incident in 1981. 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, ``I, Jeremy King, O.D., certify that in
my medical opinion, Joe Restine, has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Restine
reported that he has driven straight trucks for 32 years, accumulating
800,000 miles, and tractor-trailer combinations for 32 years,
accumulating 160,000 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.
Noel S. Robbins
Mr. Robbins, 57, has a macular scar in his right eye due to a
traumatic incident in 1973. 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, ``Patients chart is submitted for your approval but
has passed all said requirements that were found on Web site and feel
thus passing said requirements he has sufficient vision to perform
tasks required for cdl [sic].'' Mr. Robbins reported that he has driven
straight trucks for 30 years, accumulating 30,000 miles, and tractor-
trailer combinations for 5 years, accumulating 4,500 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.
Steven T. Ross
Mr. Ross, 58, has visual acuity loss 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 optometrist noted, ``I certify that, in my
medical opinion, this patient has sufficient vision to operate a
commercial motor vehicle.'' Mr. Ross reported that he has driven
tractor-trailer combinations for 40 years, accumulating 3.12 million
miles. He holds an operator's license from Mississippi. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Charles E. Schmitz
Mr. Schmitz, 52, has had amblyopia in his right 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 ophthalmologist noted, ``[Mr.
Schmitz] has driven large farm equipment more than 30 years. In 2006 he
received his commercial driver's license from the state of Missouri
with passenger and school bus endorsements. He has driven a school bus
for 7 years without incident. He has not had an accident in 36 years of
civilian driving. Despite his history of amblyopia of the right eye,
Mr. Schmitz has exhibited excellent ability to drive motorized vehicles
in numerous and varied scenarios.'' Mr. Schmitz reported that he has
driven straight trucks for 36 years, accumulating 18,000 miles, and
buses for 7 years, accumulating 19,250 miles. He holds a Class B CDL
from Missouri. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Raymond C. Schultz
Mr. Schultz, 63, has had refractive amblyopia in his right eye
since childhood. The visual acuity in his right eye is 20/50, and in
his left eye, 20/15. Following an examination in 2013, his optometrist
noted, ``In my medical opinion, Raymond has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Schultz reported that he has driven tractor-trailer combinations
for 34 years, accumulating 2.72 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.
James A. Shepard
Mr. Shepard, 58, has had a cataract in his right eye since birth.
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, ``I feel that his vision is stable at this point and do not
believe that his vision disability would interfere with his performing
driving tasks required to operate a commercial vehicle.'' Mr. Shepard
reported that he has driven straight trucks for 27 years, accumulating
1.68 million miles, and tractor-trailer combinations for 31 years,
accumulating 751,166 miles. He holds a Class AM CDL from New York. 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.
Timothy R. Steckman
Mr. Steckman, 51, has had chronic angle closure glaucoma in his
right eye since 2001. 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 opinion . . . I believe he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Steckman reported that he has driven tractor-
trailer combinations for 20 years, accumulating 600,000 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.
Mark P. Thiboutot
Mr. Thiboutot, 56, has had central retinal artery occlusion in his
right eye since 2008. The visual acuity in his right eye is 20/200, and
in his left eye, 20/20. Following an examination in 2013, his
ophthalmologist noted, ``Pt [sic] needs to obtain a driving waiver . .
. Pt [sic] . . . had central retinal artery occlusion . . . Pt [sic]
has been driving a commercial vehicle since 2008. Has drove [sic]
thousands of miles without any accidents.'' Mr. Thiboutot reported that
he has driven straight trucks for 15 years, accumulating 55,500 miles,
and tractor-trailer combinations for 20 years, accumulating 1.4 million
miles. He holds a Class A CDL from New Hampshire. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Herman D. Truewell
Mr. Truewell, 55, had an idiopathic ischemic event in his right eye
sometime between April 2009 and December 2011. 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, ``The stability of Mr.
Truewell's vision and
[[Page 64280]]
his years of experience as a safe commercial driver, indicate that he
should be granted a vision exception that will allow him to continue to
practice as a commercial driver.'' Mr. Truewell reported that he has
driven straight trucks for 15 years, accumulating 7,500 miles, and
tractor-trailer combinations for 4 years, accumulating 80,000 miles,
and buses for 3 years, accumulating 15,000 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.
Jason M. Wolf
Mr. Wolf, 36, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/200, and in his left eye, 20/
20. Following an examination in 2013, his ophthalmologist noted, ``As
Mr. Wolf is accustomed to not wearing glasses and finds that wearing
the [sic] astigmatic and correction on both eyes causes him tolerable
distortion, I believe that he has sufficient vision to perform a
driving test required to operate a commercial vehicle without
correction.'' Mr. Wolf reported that he has driven straight trucks for
17 years, accumulating 170,000 miles. He holds an operator's license
from Colorado. 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-2013-0169 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-2013-0169 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 Administrator for Policy.
[FR Doc. 2013-25377 Filed 10-25-13; 8:45 am]
BILLING CODE 4910-EX-P