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Qualification of Drivers; Exemption Applications; Vision

American Government Special Collections Reference Desk

Trucking Buses American Government

Qualification of Drivers; Exemption Applications; Vision

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



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