Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
October 22, 2013
[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62935-62938]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24748]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0166]
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 26 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. They are unable to meet the vision requirement in
one eye for various reasons. The exemptions will enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.
If granted, the exemptions would enable these individuals to qualify as
drivers of commercial motor vehicles (CMVs) in interstate commerce.
DATES: Comments must be received on or before November 21, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0166 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 26 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
Herbert R. Benner
Mr. Benner, age 44, has had amblyopia in his left eye since birth.
The visual acuity in his right eye is 20/25, and in his left eye, 20/
400. Following an examination in 2013, his optometrist noted, ``Most
recently Mr. Benner presented with a list of criteria for him to keep
his medical card needed to continue driving hazardous materials . . .
It is my opinion that because Mr.
[[Page 62936]]
Benner has been monocular since birth, and his history of no work
related vehicle incidents whatsoever, he should be a good example of
why there are always exceptions to the rule. It would be a shame to not
allow Mr. Benner to continue to drive and make a living hauling
hazardous materials.'' Mr. Benner reported that he has driven straight
trucks for 25 years, accumulating 1 million miles. He holds a Class B
Commercial Driver's License (CDL) from Maine. 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 18 mph.
Junior Chavarria
Mr. Chavarria, 31, 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,
``In my medical opinion, I feel that Mr. Chavarria has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Chavarria reported that he has driven tractor-trailer
combinations for 3 years, accumulating 1,500 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.
Albert M. DiVella
Mr. DiVella, 71, has had macular degeneration in his left eye since
2007. The visual acuity in his right eye is 20/20, and in his left eye,
20/50. Following an examination in 2013, his ophthalmologist noted,
``No change has occurred in Mr. DiVella's vision in over 7 years. No
driving restrictions are necessary for this patient to safely operate a
commercial motor vehicle.'' Mr. DiVella reported that he has driven
buses for 8 years, accumulating 320,000 miles. He holds a Class B CDL
from Nevada. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Terry D. Elliot
Mr. Elliot, 58, 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/
20. Following an examination in 2013, his ophthalmologist noted, ``In
my medical opinion he has sufficient vision to operate a commercial
vehicle.'' Mr. Elliot reported that he has driven straight trucks for
12 years, accumulating 240,000 miles. He holds Class A CDL from
Tennessee. His driving record for the last 3 years shows one crash, to
which he contributed by improper backing and careless or erratic
driving, and no convictions for moving violations in a CMV.
Bernard T. Gillette
Mr. Gillette, 45, has had a retinal detachment in his right eye
since 1989. The visual acuity in his right eye is hand motion, and in
his left eye, 20/25. Following an examination in 2013, his optometrist
noted, ``In my medical opinion he does have sufficient vision to
perform the driving tasks required to operate a commercial vehicle
under the current driving regulations.'' Mr. Gillette reported that he
has driven straight trucks for 40 years, accumulating 1.4 million
miles, and tractor-trailer combinations for 38 years, accumulating
399,000. 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.
James B. Grega
Mr. Grega, 30, has had amblyopia in his right eye since birth. 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,
``In my medical opinion, he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Grega
reported that he has driven straight trucks for 4 years, accumulating
4,000 miles, and tractor-trailer combinations for 4 years, accumulating
400 miles. He holds an operator's license from Pennsylvania. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Steven M. Hoover
Mr. Hoover, 37, has a prosthetic right eye due to a traumatic
incident in 1985. 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, ``Has vision capable of driving a
commercial vehicle.'' Mr. Hoover reported that he has driven straight
trucks for 20 years, accumulating 10,000 miles, and tractor-trailer
combinations for 6 years, accumulating 90,000 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.
Gregory R. Johnson
Mr. Johnson, 45, has a retinal detachment in his right eye due to a
traumatic incident in 1976. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2012, his optometrist noted, ``It is my professional opinion that
since Mr. Johnson has apparently had a flawless driving record over the
past 3 years doing this work that he has sufficient vision to perform
his required tasks. It should be noted that I have had many
professional truck drivers over the past 40 years who had amblyopia,
trauma et. al. to one of their eyes and there was never a problem of
driving safety. Most had been driving for many, many years with
flawless records.'' Mr. Johnson reported that he has driven straight
trucks for 6 years, accumulating 90,000 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.
Lewis J. Johnson
Mr. Johnson, 48, has a retinal detachment in his right eye due to a
traumatic incident in 1998. The visual acuity in his right eye is 20/
70, and in his left eye, 20/20. Following an examination in 2013, his
optometrist noted, ``Bilateral vision is sufficient to operate
commercial vehicle.'' Mr. Johnson reported that he has driven straight
trucks for 28 years, accumulating 420,000 miles. He holds an operator's
license from Pennsylvania. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Carol Kelly
Ms. Kelly, 51, has had amblyopia in her left eye since birth. The
visual acuity in her right eye is 20/20, and in her left eye, 20/200.
Following an examination in 2013, her optometrist noted, ``In my
opinion she has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Ms. Kelly reported that she has
driven straight trucks for 4 years, accumulating 223,200 miles,
tractor-trailer combinations for 1 year, accumulating 24,000, and buses
for 16 years, accumulating 2.95 million miles. She holds a Class B CDL
from Indiana. Her driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Jeremy W. Knott
Mr. Knott, 38, has had a retinal detachment in his right eye since
1998. The visual acuity in his right eye is 20/200, and in his left
eye, 20/20. Following an examination in 2013, his optometrist noted,
``In my medical opinion, Jeremy has sufficient vision to operate
commercial motor vehicles.'' Mr. Knott reported that he has driven
[[Page 62937]]
straight trucks for 14 years, accumulating 87,500 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.
Chase L. Larson
Mr. Larson, 42, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/25, and in his left eye, 20/80.
Following an examination in 2013, his optometrist noted, ``In my
professional opinion Mr. Larson has the vision sufficient to operate a
commercial vehicle.'' Mr. Larson reported that he has driven straight
trucks for 2 years, accumulating 115,000 miles, and tractor-trailer
combinations for 1.5 years, accumulating 116,250 miles. He holds a
Class A CDL from Washington. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Ronald E. Loper
Mr. Loper, 58, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/100.
Following an examination in 2013, his optometrist noted, ``Mr. Loper
has been a commercial truck driver for many years and I believe his
visual function is adequate to continue driving a commercial vehicle.''
Mr. Loper reported that he has driven straight trucks for 37 years,
accumulating 1.1 million miles, and tractor-trailer combinations for 37
years, accumulating 1.1 million miles. He holds an operator's license
from Louisiana. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
James M. McCleary
Mr. McCleary, 39, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/400, and in his
left eye, 20/25. Following an examination in 2012, his optometrist
noted, ``For Federal Vision Exemption, he has sufficient vision if
above conditions meets requirements and approval of the vision program
to operate a commercial vehicle.'' Mr. McCleary reported that he has
driven straight trucks for 2 years, accumulating 40,000 miles, and
tractor-trailer combinations for 4 years, accumulating 100,000 miles.
He holds a Class A CDL from Ohio. His driving record for the last 3
years shows one crash, to which he did not contribute and for which he
was not cited, and no convictions for moving violations in a CMV.
Michael E. Miles
Mr. Miles, 67, has had a retinal detachment in his right eye since
1988. 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, ``With my findings, Mr. Miles has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Miles
reported that he has driven straight trucks for 40 years, accumulating
1.2 million miles. He holds a Class AM CDL from Illinois. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Jeremy L. Miller
Mr. Miller, 38, 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, ``He has
sufficient vision to operate a commercial vehicle.'' Mr. Miller
reported that he has driven tractor-trailer combinations for 12.5
years, accumulating 937,500 miles. He holds a Class A CDL from Oregon.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Ronald L. Newlin
Mr. Newlin, 65, has had amblyopia in his left eye since birth. 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, as his eye doctor of 8 years, Ronald Newlin has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Newlin reported that he has driven straight trucks for
48 years, accumulating 48,000 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.
Carlos A. Osollo
Mr. Osollo, 44, has had amblyopia in his left eye since birth. 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, ``He
has the sufficient vision necessary to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Osollo reported that he
has driven straight trucks for 8 years, accumulating 240,000 miles, and
tractor-trailer combinations for 8 years, accumulating 272,000 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.
Steven J. Scesnewicz
Mr. Scesnewicz, 50, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/125, and in his
left eye, 20/20. Following an examination in 2013, his optometrist
noted, ``In my clinical opinion the patient has sufficient vision to
perform the tasks required to operate a commercial driving vehicle.''
Mr. Scensnewicz reported that he has driven straight trucks for 20
years, accumulating 160,000 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.
Henry D. Smith
Mr. Smith, 51, 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 2012, his optometrist noted,
``Mr. Smith, despite having a prosthetic left eye, has fully functional
vision in his right eye. Because of this, and because of the fact that
he has had a functional CDL with no problems for years, I feel that
driving abilities are not compromised by his monocular vision.'' Mr.
Smith reported that he has driven straight trucks for 17 years,
accumulating 1.36 million miles. He holds a Class B CDL from North
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Dennis R. Stockert
Mr. Stockert, 50, has a retinal detachment in his left eye due to a
traumatic incident in 1987. 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, ``In my opinion, Mr. Stockert sees well
enough binocularly to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Stockert reported that he has driven straight
trucks for 30 years, accumulating 900,000 miles. He holds an operator's
license from Minnesota. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Kolby W. Strickland
Mr. Strickland, 35, 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/
15. Following an examination in 2013, his optometrist noted, ``In my
opinion, Mr. Strickland's
[[Page 62938]]
vision will not impair his ability to operate a commercial vehicle.''
Mr. Strickland reported that he has driven straight trucks for 10
years, accumulating 3,500 miles. He holds a Class B CDL from
Washington. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Eric Taniguchi
Mr. Taniguchi, 54, has had Harada's disease in his left eye since
1984. The visual acuity in his right eye is 20/15, and in his left eye,
no light perception. Following an examination in 2012, his
ophthalmologist noted, ``It is my medical opinion that Mr. Taniguchi
has sufficient vision to operate any vehicle or equipment.'' Mr.
Taniguchi reported that he has driven straight trucks for 5 years,
accumulating 50,000 mile, and tractor-trailer combinations for 23
years, accumulating 230,000. He holds an operator's license from
Hawaii. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Stephen G. Vermilya
Mr. Vermilya, 59, 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 opinion, the patient has sufficient vision to continue
performing the drive [sic] tasks required to operate a commercial
vehicle.'' Mr. Vermilya reported that he has driven straight trucks for
40 years, accumulating 1.2 million miles, and tractor-trailer
combinations for 40 years, accumulating 1.2 million miles. He holds a
Class AM CDL from Pennsylvania. His driving record for the last 3 years
shows no crashes and one conviction for a moving violation in a CMV; he
disregarded a traffic lane signal.
Cesar Villa
Mr. Villa, 44, has had central scotoma in his left eye since 2009.
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, ``The patient presents with CNV to the left eye and presents
stable and has sufficient vision to operate a commercial vehicle.'' Mr.
Villa reported that he has driven straight trucks for 8 years,
accumulating 440,000 miles, tractor-trailer combinations for 8 years,
accumulating 520,000, and buses for 4 months, accumulating 6000 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.
Dennis E. White
Mr. White, 58, has had strabismus 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, ``Mr.
White's central peripheral vision is adequate to perform the driving
tasks required to operate a commercial vehicle.'' Mr. White reported
that he has driven straight trucks for 41 years, accumulating 1.64
million miles, and tractor-trailer combinations for 35 years,
accumulating 875,000. 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.
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 21, 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-2013-0166 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-2013-0166 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Issued on: September 27, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-24748 Filed 10-21-13; 8:45 am]
BILLING CODE 4910-EX-P