Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
October 23, 2013
[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63302-63307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24763]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0168]
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 38 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 22, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0168 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
[[Page 63303]]
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 38 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
Ernest J. Bachman
Mr. Bachman, age 50, has complete loss of vision in his right eye
due to a traumatic incident in 1975. 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 has
sufficient vision to operate a commercial vehicle.'' Mr. Bachman
reported that he has driven straight trucks for 32 years, accumulating
6,400 miles, and tractor-trailer combinations for 32 years,
accumulating 12,800 miles. He holds a Class A Commercial Driver's
License (CDL) from Pennsylvania. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
A. Wayne Barker
Mr. Barker, 70, has had a retinal detachment in his right eye since
2010. The visual acuity in his right eye is counting fingers, and in
his left eye, 20/20. Following an examination in 2013, his
ophthalmologist noted, ``In my medical opinion, Wayne has sufficient
vision to perform driving tasks required to operate a commercial
vehicle.'' Mr. Barker reported that he has driven straight trucks for
52 years, accumulating 1.3 million miles, and tractor-trailer
combinations for 49 years, accumulating 2.2 million miles. He holds a
Class A CDL from Oklahoma. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Edgar G. Baxter
Mr. Baxter, 74, has had a vascular occlusion in his left eye since
2010. The visual acuity in his right eye is 20/30, and in his left eye,
20/200. 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. Baxter reported that he
has driven tractor-trailer combinations for 32 years, accumulating 4.16
million 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 W. Bowers
Mr. Bowers, 26, has had Coat's disease 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, ``This patient has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Bowers
reported that he has driven tractor-trailer combinations for 3 years,
accumulating 75,000 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.
Scott Brady
Mr. Brady, 47, has had a central vein occlusion in his right eye
since 2010. The visual acuity in his right eye is light perception, and
in his left eye, 20/20. Following an examination in 2013, his
optometrist noted, ``In my medical opinion, Mr. Brady has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Brady reported that he has driven straight trucks for 6
years, accumulating 108,000 miles, and tractor-trailer combinations for
11 years, accumulating 198,000 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.
Ronald A. Cleaver, Jr.
Mr. Cleaver, 24, has had anisometropic 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
ophthalmologist noted, ``His current degree of peripheral vision and
good best-corrected acuity in his right eye should allow him to be safe
operating a commercial vehicle.'' Mr. Cleaver reported that he has
driven straight trucks for 10 years, accumulating 17,500 miles, and
tractor-trailer combinations for 2 years, accumulating 2,000 miles. He
holds an operator's license from South Carolina. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Eric V. DeFrancesco
Mr. DeFrancesco, 35, has had aniosometropic 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, ``It is my medical opinion within a reasonable
degree of medical certainty that he has sufficient visual ability to
perform all of the driving tasks required to operate a commercial
vehicle.'' Mr. DeFrancesco reported that he has driven straight trucks
for 5.5 years, accumulating 137,500 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.
[[Page 63304]]
Matthew A. Eck
Mr. Eck, 60, 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 optometrist noted, ``In
summary, Mr. Eck's amblyopia with his right eye is long-standing and
stable, and in my opinion, he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Eck
reported that he has driven straight trucks for 37 years, accumulating
222,000 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.
David E. Ferris
Mr. Ferris, 70, has had complete loss of vision in his right eye
since 1991. 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, ``I, therefore, certify that in my medical
opinion, the patient has sufficient vision to perform his driving tasks
to operate a commercial vehicle.'' Mr. Ferris reported that he has
driven straight trucks for 47.5 years, accumulating 1.19 million miles,
and tractor-trailer combinations for 10 years, accumulating 1 million
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.
George M. Hapchuk
Mr. Hapchuk, 59, has had strabismic 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 2012, his optometrist noted,
``It is my impression that George Hapchuk has adequate vision to
perform the tasks to operate a commercial vehicle.'' Mr. Hapchuk
reported that he has driven straight trucks for 38 years, accumulating
1.2 million miles. He holds a Class BM CDL from Pennsylvania. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
James L. Hawthorne
Mr. Hawthorne, 51, 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, ``James Hawthorne . . . truck driver .
. . Prosthetic right eye. The left eye's field is normal . . .
Applicant should be good to drive with appropriate head turn
adjustments and with caution.'' Mr. Hawthorne reported that he has
driven straight trucks for 32 years, accumulating 800,000 miles and
tractor-trailer combinations for 32 years, accumulating 1.12 million
miles. He holds a Class AM CDL from Texas. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Johnny D. Ivey
Mr. Ivey, 71, has had glaucoma 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 ophthalmologist noted,
``His visual defect is long standing (since childhood) in the left eye
and does not affect his ability to drive safely. He can drive a
commercial tractor trailer [sic].'' Mr. Ivey reported that he has
driven tractor-trailer combinations for 25 years, accumulating 1.42
million miles. He holds a Class A CDL from North Carolina. His driving
record for the last 3 years shows no crashes and one conviction for a
moving violation in a CMV; he was following too closely.
Darryl H. Johnson
Mr. Johnson, 50, has had a hemorrhage in his left eye for 40 years.
The visual acuity in his right eye is 20/15, and in his left eye, 20/
100. Following an examination in 2013, his ophthalmologist noted,
``Therefore, for the past 15 years, this patient has successfully
operated a commercial vehicle with 20/15 vision in the right eye and
less than 20/200 vision in the left eye. The current status of the left
eye is such that it is not likely that any form of visual
rehabilitation will be possible. So for the future, the patient will
operate with 20/15 vision in the right eye, and less than 20/200 vision
in the left eye, which has been successful for him with respect to his
operating a commercial vehicle for 15 years. This letter is to request
a waver [sic] for the visual requirements for binocular vision for this
particular patient, who has been quite successful with his current
level of vision which is expected to be stable in the future.'' Mr.
Johnson reported that he has driven straight trucks for 2 years,
accumulating 20,000 miles, and tractor-trailer combinations for 22
years, accumulating 3.3 million miles. He holds a Class A CDL from West
Virginia. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
David Jones
Mr. Jones, 49, 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, ``It is in my professional opinion that
Mr. Jones has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Jones reported that he has
driven straight trucks for 2.5 years, accumulating 25,000 miles. He
holds a Class B CDL from Florida. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Thomas L. Kitchen
Mr. Kitchen, 54, has been nearsighted in his right eye since
childhood. The visual acuity in his right eye is 20/300, and in his
left eye, 20/20. Following an examination in 2012, his ophthalmologist
noted, ``Even though Mr. Kitchen's vision does not meet normal
standards for a commercial driver's license, his vision has been in the
same range for many years and I believe that his vision is sufficient
for operating a commercial vehicle.'' Mr. Kitchen reported that he has
driven straight trucks for 27 years, accumulating 2.36 million miles,
and tractor-trailer combinations for 27 years, accumulating 2.36
million miles. He holds a Class A CDL from Virginia. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Wayne C. Knighton
Mr. Knighton, 54, has had maculopathy in his right eye since 2009.
The visual acuity in his right eye is 20/200, and in his left eye, 20/
15. Following an examination in 2013, his optometrist noted, ``In my
medical opinion Mr. Knighton has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Knighton
reported that he has driven straight trucks for 30 years, accumulating
360,000 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.
Brandon C. Koopman
Mr. Koopman, 29, has aphakia and a corneal 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, counting fingers. Following an
examination in 2013, his ophthalmologist noted, ``Vision is stable.
Vision in the left eye is limited due to long standing injury as a
child. Brandon has adapted to this and has functioned normally
throughout life. He has excellent eye health in his right eye.
[[Page 63305]]
While the ultimate decision rests on the DOT in my opinion Brandon has
sufficient visual capacity to perform driving tasks and operate a
commercial vehicle.'' Mr. Koopman reported that he has driven straight
trucks for 8 years, accumulating 4,000 miles. He holds an operator's
license from Nebraska. Her driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
David G. Lamborn
Mr. Lamborn, 61, has had a branch retinal vein occlusion in his
left eye since 2003. The visual acuity in his right eye is 20/20, and
in his left eye, 20/50. Following an examination in 2013, his
optometrist noted, ``In my opinion, Mr. Lamborn presents with
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Lamborn reported that he has driven straight
trucks for 1.5 years, accumulating 180,000 miles, tractor-trailer
combinations for 6 months, accumulating 12,000 miles, and buses for 2
years, accumulating 36,000 miles. He holds a Class AM CDL from North
Dakota. His driving record for the last 3 years shows one crash, for
which he was not cited and to which he did not contribute, and no
convictions for moving violations in a CMV.
Robert A. Marks
Mr. Marks, 52, has had ocular toxoplasmosis 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 ophthalmologist
noted, ``Mr. Marks has sufficient vision to perform driving tasks to
operate a commercial vehicle.'' Mr. Marks reported that he has driven
straight trucks for 22 years, accumulating 44,000 miles. He holds an
operator's license from West Virginia. 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 10 mph.
Stephen R. Marshall
Mr. Marshall, 47, has complete loss of vision in his 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, Mr.
Marshall does have sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Marshall reported that
he has driven tractor-trailer combinations for 29 years, accumulating 5
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.
Edgar H. Meraz
Mr. Meraz, 32, has had a macular hole in his left eye since 2004.
The visual acuity in his right eye is 20/15, and in his left eye, 20/
200. Following an examination in 2013, his ophthalmologist noted, ``I
believe that Mr. Meraz has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Meraz reported
that he has driven straight trucks for 14 years, accumulating 70,000
miles, and tractor-trailer combinations for 12 years, accumulating
180,000 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.
Ralph Reno
Mr. Reno, 55, has had central serous retinopathy in his right eye
since 2003. The visual acuity in his right eye is 20/50, and in his
left eye, 20/20. Following an examination in 2012, his ophthalmologist
noted, ``The Goldmann visual field shows a horizontal field of 140
degrees and vertical field of 130 degrees in the right and left eyes
individually and together. As such, his left eye is able to compensate
for the right eye so that his overall visual function is good and Mr.
Reno should be able to continue in his occupation driving a commercial
vehicle without restriction with his vision deficiency.'' Mr. Reno
reported that he has driven straight trucks for 26 years, accumulating
468,000 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.
Glennis R. Reynolds
Mr. Reynolds, 48, has a macular scar in his right eye due to a
traumatic incident in childhood. 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, ``Based upon my findings and medical expertise,
I Ellen M. Grubb, O.D. hereby certify Glennis Reynolds to be visually
able to safely operate a commercial motor vehicle.'' Mr. Reynolds
reported that he has driven tractor-trailer combinations for 28 years,
accumulating 2.8 million 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.
Joseph B. Saladino
Mr. Saladino, 43, has had a retinal detachment in his left eye
since childhood. The visual acuity in his right eye is 20/20, and in
his left eye, 20/300. Following an examination in 2013, his
ophthalmologist noted, ``I certify that the patient meets and/or
exceeds the visual requirements to perform driving tasks required to
operate a commercial vehicle.'' Mr. Saladino reported that he has
driven straight trucks for 24 years, accumulating 960,000 miles, and
tractor-trailer combinations for 24 years, accumulating 960,000 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.
Carlos M. Saravia
Mr. Saravia, 39, has a chorioretinal scar in his right eye due to a
traumatic injury during 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, ``In my professional opinion, I feel
that he has sufficient vision to perform the driving tasks required to
operate a commercial vehicle at this time.'' Mr. Saravia reported that
he has driven straight trucks for 4 years, accumulating 32,000 miles.
He holds an operator's license from Maryland. His driving record for
the last 3 years shows no crashes and one conviction for a moving
violation in a CMV; he failed to obey instructions at a traffic control
device.
Glen M. Schulz
Mr. Schulz, 64, 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 believe
that his vision is sufficient to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Schulz reported that he has driven
straight trucks for 39 years, accumulating 682,500 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.
Steve W. Scott
Mr. Scott, 50, 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 that Mr. Scott
does not have any visual field defects or field loss that would affect
the safe operation of a commercial motor vehicle. Mr. Scott reported
that he has driven straight
[[Page 63306]]
trucks for 4 years, accumulating 28,000 miles, and tractor-trailer
combinations for 10 years, accumulating 70,000 miles. He holds a Class
A CDL from South Carolina. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Eugene D. Self, Jr.
Mr. Self, 40, has had a prosthetic left eye since 1979. The visual
acuity in his right eye is 20/20, and in his left eye, no light
perception. Following an examination in 2013, his ophthalmologist
noted, ``Mr. Self's visual impairment does not compromise his ability
to drive a commercial motor vehicle.'' Mr. Self reported that he has
driven buses for 7.5 years, accumulating 13,125 miles. He holds a Class
C CDL from North Carolina. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Darren B. Shields
Mr. Shields, 54, 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/
80. Following an examination in 2013, his optometrist noted, ``In my
medical opinion this patient has sufficient vision and agility to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Shields reported that he has driven straight trucks for 3 years,
accumulating 162,000 miles, and buses for 8 years, accumulating 96,000
miles. He holds a Class BM CDL from Nevada. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Roye T. Skelton
Mr. Skelton, 45, has had a traumatic cataract in his right eye
since 2006. 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, ``If proceeding with caution, in my opinion there is
no reason this patient can not safely drive. However, it will be up to
the discretion of the waiver committee to make the final decision.''
Mr. Skelton reported that he has driven straight trucks for 18 years,
accumulating 561,600 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.
Robert D. Smienski
Mr. Smienski, 55, 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, ``Upon conclusion of the exam, I find
that Mr. Smienski has sufficient vision to perform the driving tasks to
operate a commercial vehicle.'' Mr. Smienski reported that he has
driven straight trucks for 18 years, accumulating 540,000 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.
Justin T. Swires
Mr. Swires, 48, has a corneal scar in his left eye due to a
traumatic incident in 1984. The visual acuity in his right eye is 20/
15, and in his left eye, counting fingers. Following an examination in
2013, his optometrist noted, ``He judges depth very well using
monocular clues, and in my opinion has sufficient vision capabilities
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Swires reported that he has driven straight trucks for
31 years, accumulating 620,000 miles, and tractor-trailer combinations
for 31 years, accumulating 3.1 million 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.
Robert Thomas
Mr. Thomas, 48, has Commotio Retinae in his left eye due to a
traumatic incident in 1985. 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, ``His central vision loss in the left eye
can be compensated for by the right eye. Therefore, in my medical
opinion, I feel his vision is sufficient to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Thomas reported that he
has driven straight trucks for 23 years, accumulating 115,000 miles,
and tractor-trailer combinations for 23 years, accumulating 1.27
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.
Clifford B. Thompson, Jr.
Mr. Thompson, 48, has a prosthetic right eye due to a traumatic
incident in 2010. 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, ``Field is stable . . . color vision is
normal . . . I believe he is qualified for commercial driving.'' Mr.
Thompson reported that he has driven straight trucks for 18 years,
accumulating 237,600 miles, and tractor-trailer combinations for 6
years, accumulating 288,000 miles. He holds an operator's license from
South Carolina. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Donald L. Urmston
Mr. Urmston, 50, has had ocular histoplasmosis in his left eye
since 1999. 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, since Donald has 20/20 vision in
one eye and good peripheral vision temporally in each eye, his vision
is sufficient to drive a commercial vehicle.'' Mr. Urmston reported
that he has driven straight trucks for 4 years, accumulating 200,000
miles, and tractor-trailer combinations for 25 years, accumulating 1.25
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.
Steven M. Veloz
Mr. Veloz, 57, 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 2012, his optometrist noted, ``In my
medical opinion, I feel that Steven Veloz has sufficient vision to
perform the driving tasks equired [sic] to operate a commercial
vehicle.'' Mr. Veloz reported that he has driven straight trucks for 35
years, accumulating 1.93 million miles, and tractor-trailer
combinations for 35 years, accumulating 2.5 million 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.
Stephen H. Ward
Mr. Ward, 66, 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, ``In my
professional opinion, Mr. Ward has sufficient vision to perform the
driving task required to operate a commercial vehicle.'' Mr. Ward
reported that he has driven straight trucks for 40 years, accumulating
500,000 miles, tractor-trailer combinations for 2 years, accumulating
6,000 miles, and buses for 4 years, accumulating 40,000 miles. He holds
a Class A CDL from Missouri. His driving record for the last 3 years
shows
[[Page 63307]]
no crashes and no convictions for moving violations in a CMV.
Janusz K. Wis
Mr. Wis, 31, has had amblyopia in his right eye since childhood.
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 your vision seems to be stable and you have sufficient vision
in the left eye to be able to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Wis reported that he has driven
straight trucks for 7 years, accumulating 21,000 miles, and tractor-
trailer combinations for 7 years, accumulating 21,000 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.
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 22, 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-2013-0168 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-2013-0168 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Issued on: September 24, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-24763 Filed 10-22-13; 8:45 am]
BILLING CODE 4910-EX-P