Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Highway Administration
February 25, 2013
[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12815-12817]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04191]
[[Page 12815]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0022]
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 21 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 March 27, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0022 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 December
29, 2010 (75 FR 82132), or you may visit http://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.
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 21 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
Keith Bell
Mr. Bell, age 40, has complete loss of vision in his right eye due
to a traumatic incident in 2008. The best corrected visual acuity in
his right eye is light perception, and in his left eye, 20/20.
Following an examination in 2012, his ophthalmologist noted, ``His
vision is sufficient to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Bell reported that he has driven straight
trucks for 10 years, accumulating 1 million miles. He holds a Class B
operator's license from Florida. 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 9 mph.
Russell A. Bolduc
Mr. Bolduc, 53, has had a choroidal rupture in his right eye due to
a traumatic incident in 1984. The visual acuity in his right eye is 20/
400, and in his left eye, 20/20. Following an examination in 2012, his
optometrist noted, ``In my opinion, Mr. Bolduc has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Bolduc reported that he has driven straight trucks for 35 years,
accumulating 350,000 miles, and tractor-trailer combinations for 33
years, accumulating 990,000 miles. He holds a Class A Commercial
Driver's License (CDL) from Connecticut. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
David B. Bowman
Mr. Bowman, 30, has nerve damage in his right eye due to a
traumatic incident in 2008. The visual acuity in his right eye is 20/
100, and in his left eye, 20/20. Following an examination in 2012, his
optometrist noted, ``I feel the Mr. Bowman has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Bowman reported that he has driven tractor-trailer combinations for
10 years, accumulating 400,000 miles. He holds a Class B CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Ronnie Clark
Mr. Clark, 47, has amblyopia in his right eye since birth. The best
corrected visual acuity in his right eye is 20/100, and in his left
eye, 20/20. Following an examination in 2012, his optometrist noted,
``Exam reveals amblyopia, refractive. Lifelong. Stable. Visual fields
WNL. Color WNL. No contraindications for commercial driving.'' Mr.
Clark reported that he has driven tractor-trailer combinations for 26
years, accumulating 1.9 million miles. He holds a Class A CDL from
Maine. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
[[Page 12816]]
Earl R. Gould, Jr.
Mr. Gould, 47, has had a retinal detachment in his right eye since
childhood due to a traumatic incident. The best corrected visual acuity
in his right eye is counting fingers, and in his left eye, 20/15.
Following an examination in 2012, his ophthalmologist noted, ``Based on
his normal vision and visual field in his left eye, and his history of
driving a commercial motor vehicle safely in the past with his current
level of visual functioning, I conclude that he has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Gould reported that he has driven straight trucks for 9
years, accumulating 517,500 miles, and tractor-trailer combinations for
27 years, accumulating 2.9 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.
Matthew J. Hahn
Mr. Hahn, 42, has a retinal scar in his left eye since childhood.
The best corrected 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 opinion that Matthew has a stable retinal scar. It
should not progress. I feel that he has adequate vision to operate a
commercial vehicle.'' Mr. Hahn reported that he has driven straight
trucks for 15 years, accumulating 390,000 miles. He holds a Class C
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.
Terry R. Hunt
Mr. Hunt, 35, has a macular hole in his left eye due to a traumatic
incident in 2000. The best corrected visual acuity in his right eye is
20/20, and in his left eye, 20/60. Following an examination in 2012,
his ophthalmologist noted, ``Commercial truck driver, good color
vision, 180 degrees of peripheral vision, no medical contraindication
to commercial truck driving.'' Mr. Hunt reported that he has driven
tractor-trailer combinations for 13 years, accumulating 1.2 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.
Sebastian G. Jachymiak
Mr. Jachymiak, 34, has a prosthetic in his left eye due to a
traumatic incident in 1993. The best corrected visual acuity in his
right eye is 20/20, and in his left eye, no light perception. Following
an examination in 2012, his optometrist noted, ``After evaluation of
the above data, Sebastian Jachymiak has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Jachymiak reported that he has driven straight trucks for 15 years,
accumulating 150,000 miles. He holds a Class D operator's license from
Illinois. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
James P. O'Berry
Mr. O'Berry, 58, has a macular scar in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/200,
and in his left eye, 20/20. Following an examination in 2012, his
optometrist stated that, ``In his opinion, Mr. O'Berry has sufficient
vision to operate a commercial motor vehicle safely.'' Mr. O'Berry
reported that he has driven straight trucks for 41 years, accumulating
2 million miles, and tractor-trailer combinations for 41 years,
accumulating 1.4 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.
Mark A. Omps
Mr. Omps, 56, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/20, and in his
left eye, 20/200. Following an examination in 2012, his optometrist
noted, ``In my opinion, testing provides satisfactory evidence that Mr.
Omps possess sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Omps reported that he has driven
straight trucks for 1 year, accumulating 38,000 miles, and tractor-
trailer combinations for 23 years, accumulating 1.4 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.
Gerson Lopez-Padilla
Mr. Lopez-Padilla, 39, has had choroidal atrophy in his right eye
since childhood. The best corrected visual acuity in his right eye is
20/50, and in his left eye, 20/20. Following an examination in 2012,
his ophthalmologist noted, ``I certify that in my medical opinion, Mr.
Gerson Lopez-Padilla has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Lopez-Padilla reported
that he has driven straight trucks for 3 years, accumulating 78,000
miles, and tractor-trailer combinations for 3 years, accumulating
78,000 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.
Jerry D. Paul
Mr. Paul, 57, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/20, and in his
left eye, 20/400. Following an examination in 2012, his optometrist
noted, ``The pt has in my opinion the ability to operate a commercial
vehicle with the vision that he currently possesses.'' Mr. Paul
reported that he has driven straight trucks for 38 years, accumulating
266,000 miles, and tractor-trailer combinations for 16 years,
accumulating 80,000 miles. He holds a Class A CDL from Arkansas. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Larry B. Peterson
Mr. Peterson, 51, has had a corneal scar in his right eye since
childhood. The best corrected visual acuity in his right eye is light
perception, and in his left eye, 20/20. Following an examination in
2012, his optometrist noted, ``In my opinion patient has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Peterson reported that he has driven buses for 8 years,
accumulating 340,000. He holds a Class B CDL from Arkansas. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Franklin P. Reigle, III
Mr. Reigle, 58, has had a prosthetic in his left eye since
childhood. The best corrected visual acuity in his right eye is 20/20,
and in his left eye, no light perception. Following an examination in
2012, his optometrist noted, ``Mr. Reigle has been safely driving a
commercial vehicle ever since he has been a patient here and it is my
opinion that he can continue to do so.'' Mr. Reigle reported that he
has driven straight trucks for 41 years, accumulating 717,500 miles,
and tractor-trailer combinations for 31 years, accumulating 310,000
miles. He holds a Class AM CDL from Maryland. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
[[Page 12817]]
Phillip Schaub
Mr. Schaub, 64, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/20, and in his
left eye, 20/80. Following an examination in 2012, his ophthalmologist
noted, ``It is my medical opinion that his vision meets all the
criteria to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Schaub reported that he has driven straight trucks for
11 years, accumulating 330,000 miles. He holds a Class B CDL from
Colorado. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Reginald Smart
Mr. Smart, 48, has had optic nerve atrophy in his left eye due to a
traumatic incident during childhood. The best corrected visual acuity
in his right eye is 20/20, and in his left eye, 20/400. Following an
examination in 2012, his optometrist noted, ``In summary, Mr. Smart has
good vision, good color vision, and a good field of vision when using
both eyes. His condition is stable and he should qualify to drive
commercially.'' Mr. Smart reported that he has driven tractor-trailer
combinations for 16 years, accumulating 1.2 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.
George Stapleton
Mr. Stapleton, 61, has had a parafoveal scar in his left eye since
2009. The best corrected visual acuity in his right eye is 20/30, and
in his left eye, 20/80. Following an examination in 2012, his
opthalmologist noted, ``He has, in my opinion, sufficient vision to
perform driving tasks required to operate a commercial vehicle.'' Mr.
Stapleton reported that he has driven tractor-trailer combinations for
21 years, accumulating 1.3 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.
Mark E. Studer
Mr. Studer, 57, has had true aphakia in his right eye since 1992.
The best corrected visual acuity in his right eye is 20/150, and in his
left eye, 20/20. Following an examination in 2012, his optometrist
noted, ``His uncorrected vision is hand motion at 20 feet in the right
eye and 20/30 in the left eye. Mr. Studer has 100 degrees of horizontal
field in the right eye and 100 degrees of horizontal in the left eye.
The total horizontal visual field is greater than 120 degrees. Mr.
Studer has no color vision abnormalities. Therefore, it is my opinion
that Mark can safely operate a commercial vehicle.'' Mr. Studer
reported that he has driven straight trucks for 40 years, accumulating
40,000 miles, and tractor-trailer combinations for 19 years,
accumulating 285,000 miles. He holds a Class A CDL from Kansas. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
James K. Waites
Mr. Waites, 43, has had a macular scar in his right eye due to a
traumatic incident in 2003. The best corrected visual acuity in his
right eye is 20/60, and in his left eye, 20/15. Following an
examination in 2012, his ophthalmologist noted, ``In my opinion he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Waites reported that he has driven straight
trucks for 25 years, accumulating 875,000 miles, and tractor-trailer
combinations for 21 years, accumulating 42,000 miles. He holds a Class
A CDL from Arkansas. 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 20 mph.
Scott Wallbank
Mr. Wallbank, 49, has had refractive amblyopia in his right eye
since childhood. The best corrected visual acuity in his right eye is
20/60, and in his left eye, 20/20. Following an examination in 2012,
his ophthalmologist noted, ``In my medical opinion, given the
longstanding nature of Mr. Wallbank's visual deficiency in his right
eye and his long experience as a commercial truck driver, I am
comfortable stating that he does have sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Wallbank
reported that he has driven straight trucks for 18 years, accumulating
374,400 miles. He holds an operator's license from Massachusetts. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Michael D. Zecha
Mr. Zecha, 34, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/20, and in his
left eye, 20/200. Following an examination in 2012, his ophthalmologist
noted, ``In my medical opinion, Mr. Michael D. Zecha would be able to
safely perform the driving tasks required for a commercial license. He
has demonstrated this ability by driving with a similar waiver in the
state of Kansas.'' Mr. Zecha reported that he has driven straight
trucks for 5 years, accumulating 25,000 miles, and tractor-trailer
combinations for 2 months, accumulating 4,000 miles. He holds a Class A
CDL from Kansas. 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 March 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.
Issued on: February 15, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-04191 Filed 2-22-13; 8:45 am]
BILLING CODE 4910-EX-P