Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
November 12, 2013
[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Notices]
[Pages 67454-67459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26877]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0170]
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 43 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 December 12, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0170 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 43 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
Dennis S. Anderson
Mr. Anderson, age 45, 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, 20/250. Following an examination in 2013, his optometrist
noted, ``Mr. Anderson has adapted to his condition and should be able
to continue to safely operate a commercial motor vehicle.'' Mr.
Anderson reported that he has driven straight trucks for 14 years,
accumulating 254,800 miles, and tractor-trailer combinations for 14
years, accumulating 238,000 miles. He holds a Class A Commercial
Driver's License (CDL) from Minnesota. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Calvin J. Barbour
Mr. Barbour, 49, has had a central retinal vein occlusion in his
left eye since 2005. 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, ``In my opinion has sufficient visual function
to drive a commercial vehicle.'' Mr. Barbour reported that he has
driven tractor-trailer combinations for 17 years, accumulating 1.4
million miles. He holds a Class A 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.
Martin D. Bellcour
Mr. Bellcour, 51, has had a retinal detachment in his right eye
since 1999. 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, ``In my opinion Mr. Bellcour has a stable field defect in the
right eye which has existed since 1999[hellip]The patient should not
have a problem operating a commercial vehicle with outside mirrors''
Mr. Bellcour reported that he has driven straight trucks for 13 years,
accumulating 7,800 miles. He holds a Class BCD CDL from Wisconsin. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Walter A. Breeze
Mr. Breeze, 45, has had presumed ocular histoplasmosis in his left
eye since 2006. 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
[[Page 67455]]
medical opinion, Walter Breeze has sufficient vision to perform driving
tasks to operate a commercial motor vehicle.'' Mr. Breeze reported that
he has driven straight trucks for 27 years, accumulating 2.7 million
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.
Joseph A. Burdey
Mr. Burdey, 56, 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 2013, his optometrist noted, ``I certify
that Mr. Burdey has sufficient vision to perform the driving tasks
requires [sic] to operate a commercial vehicle.'' Mr. Burdey reported
that he has driven straight trucks for 36 years, accumulating 2 million
miles. He holds a Class B CDL from New Jersey. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Donald G. Carstensen
Mr. Carstensen, 52, has had a prosthetic left eye since 1995. 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, ``As long as his visual field measurements meet your
requirements, I do believe he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr.
Carstensen reported that he has driven tractor-trailer combinations for
29 years, accumulating 1.8 million 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.
Jamie D. Daniels
Mr. Daniels, 40, has had an aphakic left eye since 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,
``His visual condition is stable and he should be able to perform the
driving tasks for commercial vehicles.'' Mr. Daniels reported that he
has driven straight trucks for 3 years, accumulating 30,000 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.
James A. Esposito, Jr.
Mr. Esposito, 54, has corneal scarring in his left eye due to a
traumatic incident in 1973. 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, ``I certify that, in my medical opinion, this
patient has sufficient vision to operate a commercial motor vehicle.''
Mr. Esposito reported that he has driven straight trucks for 16 years,
accumulating 100,800 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.
Mark A. Farnsley
Mr. Farnsley, 52, has had refractive amblyopia in his right eye
since childhood. The visual acuity in his right eye is 20/100, and in
his left eye, 20/20. Following an examination in 2013, his optometrist
noted, ``In my opinion Mark has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Farnsley
reported that he has driven straight trucks for 31 years, accumulating
310,000 miles, and tractor-trailer combinations for 30 years,
accumulating 150,000 miles. He holds a Class A CDL from Indiana. 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.
Michael L. Fiamingo
Mr. Fiamingo, 59, has a macular hole in his left eye due to a
traumatic incident in 2010. 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 medical opinion Michael has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Fiamingo reported that he has driven straight
trucks for 40 year, accumulating 400,000 miles, and tractor-trailer
combinations for 35 years, accumulating 700,000. 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.
Kenric J. Fields
Mr. Fields, 42, 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 2012, his optometrist noted, ``Kenric
has amblyopia of the left eye; this should not affect his ability to
drive a commercial vehicle.'' Mr. Fields reported that he has driven
straight trucks for 10 years, accumulating 75,000 miles. He holds an
operator's license from Delaware. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Chris L. Granby
Mr. Granby, 31, has had a stage IV macular hole in his left eye
since 2000. 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, I feel the central area of Chris's
[sic] visual field loss of his left eye has no detrimental effect on
his peripheral detection of merging traffic, oncoming vehicles at
intersections, etc. The loss of acuity and field at the point of
fixation is compensated for by his healthy right eye. As of this
examination, I feel Mr. Granby has sufficient vision to operate a
vehicle. I do however recommend that he be required to have a yearly
dilated fundus evaluation. This is warranted by the medically accepted
macular hole evaluation interval of one year, the very small risk of
progression, and the added safety concern with commercial vehicle
operation.'' Mr. Granby reported that he has driven straight trucks for
4 years, accumulating 140,000 miles, and tractor-trailer combinations
for 5 years, accumulating 75,000 miles. He holds a Class CA CDL from
Michigan. 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 5 mph.
Dustin K. Heimbach
Mr. Heimbach, 27, has had amblyopia in his right eye since birth.
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
opinion, Dustin Heimbach has sufficient vision to operate a commercial
vehicle.'' Mr. Heimbach reported that he has driven straight trucks for
4 years, accumulating 1.2 million miles, and tractor-trailer
combinations for 4 months, accumulating 1500 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.
Randall Hjelmtveit
Mr. Hjelmtveit, 60, has had refractive amblyopia in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, 20/150. Following an examination in 2013, his optometrist
noted, ``In my opinion, Mr. Hjelmtveit can safely have a CDL and
operate a motor vehicle as he has over the last 30+ years.'' Mr.
Hjelmtveit reported that he has driven tractor-trailer combinations for
31 years, accumulating 2.2 million miles. He
[[Page 67456]]
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.
Robert W. Horner
Mr. Horner, 52, has complete loss of vision in his right eye due to
a traumatic incident in 1979. The visual acuity in his right eye is no
light perceptions, and in his left eye, 20/20. Following an examination
in 2013, his optometrist noted, ``It is my opinion that he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Horner reported that he has driven straight
trucks for 25 years, accumulating 1 million 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.
Abdelhamid S. Jaafreh
Mr. Jaafreh, 34, has complete loss of vision 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 2013, his optometrist noted, ``Mr. Jaafreh has permanent
damage to OD due to an accident at age 17 . . . He can operate a
commercial vehicle with proper caution for field of vision.'' Mr.
Jaafreh reported that he has driven straight trucks for 3 years,
accumulating 66,000 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.
Leonard R. Jackson
Mr. Jackson, 79, has had macular degeneration in his left eye since
2006. 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 our medical opinion that with a full visual field and a perfectly
normal 20/20 visual acuity in the right eye that Mr. Jackson is able to
operate a commercial vehicle without restriction.'' Mr. Jackson
reported that he has driven straight trucks for 63 years, accumulating
756,000 miles. He holds a Class B CDL from Indiana. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Randy G. Kinney
Mr. Kinney, 47, has had anisometropic amblyopia in his right eye
since birth. The visual acuity in his right eye is 20/150, and in his
left eye, 20/20. Following an examination in 2013, his optometrist
noted, ``I feel Randy has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Kinney reported
that he has driven straight trucks for 4 years, accumulating 2,400
miles. He holds a Class B CDL from Illinois. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Ronnie R. Lockamy
Mr. Lockamy, 42, 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, 20/20. Following an examination in 2013, his
optometrist noted, ``Mr. Lockamy has had this visual deficiency in his
right eye all his life. This deficiency is stable, and he appears to
have sufficient visual skills to operate a commercial vehicle.'' Mr.
Lockamy reported that he has driven straight trucks for 10 years,
accumulating 8 million miles, and tractor-trailer combinations for 14
years, accumulating 3.9 million miles. He holds a Class A CDL from
North Carolina. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Hector Marquez
Mr. Marquez, 41, has a macular hole in his left eye due to a
traumatic injury in 2008. 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, ``It is in my professional opinion that Mr. Marquez
can operate a commercial vehicle.'' Mr. Marquez reported that he has
driven tractor-trailer combinations for 12 years, accumulating 2
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.
Leonard A. Martin
Mr. Martin, 51, has retinal damage in his right eye due to a
traumatic incident 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, ``Visual field testing revealed a full
field of vision in the left eye . . . Mr. Martin is safe to drive a
motor vehicle.'' Mr. Martin reported that he has driven straight trucks
for 12 years, accumulating 240,000 miles, tractor-trailer combinations
for 1.5 years, accumulating 15,000 miles, and buses for 3 years,
accumulating 30,000 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.
Dennis R. Martinez
Mr. Martinez, 56, has a retinal hole 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, ``In my medical opinion Denis [sic] has
sufficient vision to perform the tasks required to safely operate a
commercial vehicle.'' Mr. Martinez reported that he has driven straight
trucks for 8 years, accumulating 288,000 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.
Jeffrey D. McGill
Mr. McGill, 57, has amblyopia in his right eye due to a traumatic
incident during childhood. The visual acuity in his right eye is 20/
100, and in his left eye, 20/20. Following an examination in 2013, his
optometrist noted, ``In my medical opinion Mr. McGill has sufficient
vision to perform the driving tasks of a commercial vehicle.'' Mr.
McGill reported that he has driven straight trucks for 35 years,
accumulating 280,000 miles, and tractor-trailer combinations for 3
years, accumulating 6,000 miles. He holds a Class A CDL from Illinois.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Fred A. Miller, Jr.
Mr. Miller, 58, 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, ``I believe he has sufficient vision
required to operate a commercial vehicle effectively.'' Mr. Miller
reported that he has driven straight trucks for 14 years, accumulating
364,000 miles. He holds an operator's license from California. 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.
Joseph K. Parley
Mr. Parley, 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, 20/50.
Following an examination in 2013, his optometrist noted, ``Joseph has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Parley reported that he has driven tractor-
trailer combinations for
[[Page 67457]]
40 years, accumulating 4 million miles. He holds a Class ABCD CDL from
Wisconsin. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Robert L. Pearson
Mr. Pearson, 48, has had optic nerve staphyloma 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
ophthalmologist noted that, in his opinion, Mr. Pearson does have
sufficient vision to operate a commercial motor vehicle safely. Mr.
Pearson reported that he has driven straight trucks for 3 years,
accumulating 75,000 miles. He holds an operator's license from Georgia.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Andres Regalado
Mr. Regalado, 36, 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,
``In my opinion, Andres Regalado does have sufficient vision to perform
driving tasks required to operate a commercial vehicle when combined
with good defensive driving skills of turning his head before changing
lanes and utilizing side mirrors.'' Mr. Regalado reported that he has
driven tractor-trailer combinations for 3 years, accumulating 60,000
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.
Riland O. Richardson
Mr. Richardson, 35, has had a prosthetic left eye since 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, in his opinion, Mr. Richardson does have sufficient vision
to operate a commercial motor vehicle safely. Mr. Richardson reported
that he has driven tractor-trailer combinations for 11 years,
accumulating 825,000 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.
Thenon D. Ridley
Mr. Ridley, 38, has had longstanding peripheral retinal
degeneration in his right eye since childhood. 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, ``Although he does not have
at least 70 degrees in the horizontal meridian of the right eye, since
patient's condition is longstanding, has a history of driving
commercial vehicles, and able to adapt monocularly to his surroundings,
patient seems fit to continue to drive.'' Mr. Ridley reported that he
has driven straight trucks for 4 years, accumulating 134,400 miles, and
tractor-trailer combinations for 9 years, accumulating 518,400 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.
Ryan R. Ross
Mr. Ross, 30, has complete loss of vision in his right eye due to a
traumatic incident in 2008. 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 perform the driving tasks required to operate a commercial
vehicle.'' Mr. Ross reported that he has driven straight trucks for 4
years, accumulating 160,000 miles, and tractor-trailer combinations for
1 year, accumulating 1,000 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.
Troy M. Ruhlman
Mr. Ruhlman, 51, has a prosthetic right eye due to a traumatic
incident prior to 1998. 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, ``There is no reason that Mr. Ruhlman
should have any visual problems while operating a commercial vehicle.''
Mr. Ruhlman reported that he has driven tractor-trailer combinations
for 25 years, accumulating 625,000 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.
Ricky E. Rumfield
Mr. Rumfield, 51, 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,
``My professional, medical opinion remains that Mr. Rumfield has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Rumfield reported that he has driven straight
trucks for 2 days, accumulating 1,030 miles, and buses for 3.8 years,
accumulating 91,200 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.
Ermanno M. Santucci
Mr. Santucci, 35, 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 that Mr. Santucci does not have any visual defects or field loss
that would affect the safe operation of a commercial motor vehicle. Mr.
Santucci reported that he has driven straight trucks for 4 years,
accumulating 100,000 miles. He holds a Class B CDL from Illinois. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Dennis M. Schwartzentruber
Mr. Schwartzentruber, 56, has had wet macular degeneration in his
left eye since 2009. The visual acuity in his right eye is 20/20, and
in his left eye, 20/80. Following an examination in 2013, his
ophthalmologist noted, ``Patient in my opinion would pass for Ohio
driver's license and also intrastate commercial vehicle license with
the above limitations being noted.'' Mr. Schwartzentruber reported that
he has driven straight trucks for 5 years, accumulating 550,000 miles,
and tractor-trailer combinations for 3 months, accumulating 3,000
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.
Tigran Semerjyan
Mr. Semerjyan, 40, has an enucleated 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 ophthalmologist noted that Mr. Semerjyan does not have any
visual defect or visual field loss that would affect the safe operation
of a commercial motor vehicle. Mr. Semerjyan reported that he has
driven tractor-trailer combinations for 13 years, accumulating 1.2
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.
[[Page 67458]]
Roger H. Sick
Mr. Sick, 74, has had a amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/150.
Following an examination in 2013, his optometrist noted, ``In my
medical opinion Roger Sick definitely has the visual skills to allow
him to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Sick reported that he has driven straight trucks for 3
years, accumulating 120,000 miles, and tractor-trailer combinations for
52 years, accumulating 4.7 million miles. He holds a Class A CDL from
New York. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Martina B. Talbott
Ms. Talbott, 52, has had amblyopia in her left eye since birth. The
visual acuity in her right eye is 20/20, and in her left eye, 20/70.
Following an examination in 2013, her optometrist noted, ``In
conclusion, due to the visual deficiency this patient has in her left
eye, when she has both eyes open, the patient is largely using only the
right eye. This is demonstrated by her poor stereopsis, or depth
perception. Therefore, this patient is just as visually competent to
operate a commercial motor vehicle as a monocular patient.'' Ms.
Talbott reported that she has driven tractor-trailer combinations for 4
years, accumulating 368,006 miles. She holds a Class A CDL from Iowa.
Her driving record for the last 3 years shows no crashes and one
conviction for a moving violation in a CMV; she failed to obey a
traffic sign/signal.
Kirk A. Thelen
Mr. Thelen, 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, ``I
certify in my medical opinion that Mr. Thelen has sufficient vision to
perform the driving test to operate a commercial vehicle.'' Mr. Thelen
reported that he has driven tractor-trailer combinations for 31.5
years, accumulating 1.7 million 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.
Nicholas J. Vance
Mr. Vance, 35, 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, no light perception. Following an
examination in 2013, his optometrist noted, ``My patient, Nicholas J.
Vance, in my medical opinion has the required vision in one eye to
legally obtain his commercial driver's license, which will allow him to
operate a commercial vehicle.'' Mr. Vance reported that he has driven
straight trucks for 2 years, accumulating 10,000 miles. He holds a
Class B CDL from Ohio. 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 12 mph.
Hershel D. Volentine
Mr. Volentine, 53, has a prosthetic left eye since 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 ophthalmologist
noted, ``In my medical opinion, the patient has excellent vision in the
right eye with a mild prescription for glasses and should have no
problems in operating a commercial vehicle.'' Mr. Volentine reported
that he has driven straight trucks for 15 years, accumulating 300,000
miles, and buses for 1 year, accumulating 10,000 miles. He holds a
chauffer's license from Louisiana. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Gary D. Vollersten
Mr. Vollersten, 70, 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 ophthalmologist noted, ``He has sufficient vision to
operate a commercial vehicle.'' Mr. Vollersten reported that he has
driven straight trucks for 52 years, accumulating 780,000 miles, and
tractor-trailer combinations for 15 years, accumulating 300,000 miles.
He holds a Class A CDL from Colorado. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
David R. Webb, Jr.
Mr. Webb, 48, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2013, his optometrist noted, ``His
visual condition is stable and he should be able to perform the driving
tasks for commercial vehicles.'' Mr. Webb reported that he has driven
straight trucks for 15 years, accumulating 937,500 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.
Wesley A. Willis
Mr. Willis, 48, 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 optometrist noted, ``As long as
patient wears corrective lenses to operate a commerciasl [sic] motor
vehicle he has sufficient vision to perform driving tasks.'' Mr. Willis
reported that he has driven straight trucks for 7 years, accumulating
320,999 miles, and buses for 3 years, accumulating 97,998 miles. He
holds a Class B CDL from New Jersey. 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 December 12, 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-2013-0170 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
[[Page 67459]]
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-2013-0170 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Issued on: November 1, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-26877 Filed 11-8-13; 8:45 am]
BILLING CODE 4910-EX-P