[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Notices]
[Pages 38381-38383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15631]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0160]


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 10 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.

DATES: Comments must be received on or before July 27, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0160 using any of the 
following methods:

[[Page 38382]]

     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 FDMS published in 
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit 
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs Division, (202) 366-4001, [email protected], 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 10 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

Kerry L. Baxter

    Mr. Baxter, age 59, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/30, 
and in his left eye, 20/200. Following an examination in 2011, his 
optometrist noted, ``I certify that, at this time, Mr. Kerry Baxter has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Baxter reported that he has driven tractor-
trailer combinations for 40 years, accumulating 9 million miles. He 
holds a Class A Commercial Driver's License (CDL) from Utah. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Tyrane Harper

    Mr. Harper, 51, has had 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 2011, his optometrist 
noted, ``Mr. Harper has sufficient vision to drive a commercial motor 
vehicle based on the exemption he is trying to obtain.'' Mr. Harper 
reported that he has driven straight trucks for 16 years, accumulating 
240,000 miles. He holds a Class D operator's license from Alabama. His 
driving record for the last 3 years shows one crash, which he was not 
cited for, and no convictions for moving violations in a CMV.

Edward C. Little

    Mr. Little, 58, 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, count finger vision. Following an examination in 2012, his 
optometrist noted, ``In my medical opinion, Mr. Little's vision is 
sufficient to operate a commercial vehicle.'' Mr. Little reported that 
he has driven straight trucks for 6 weeks, accumulating 7,500 miles, 
and tractor-trailer combinations for 5 years, accumulating 323,000 
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.

John P. Loichinger

    Mr. Loichinger, 36, has had amblyopia in his right eye since birth. 
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 vision is stable and sufficient to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Loichinger 
reported that he has driven straight trucks for 15 years, accumulating 
30,000 miles. He holds a chauffer's license from Indiana. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Jeffrey Macysyn

    Mr. Macysyn, 35, has complete loss of vision in his right eye due 
to a traumatic injury sustained in childhood. The best corrected visual 
acuity in in his left eye is 20/15. Following an examination in 2011, 
his ophthalmologist noted, ``In my opinion, Mr. Macysyn has sufficient 
peripheral vision using his left eye only to operate a commercial 
vehicle.'' Mr. Macysyn reported that he has driven straight trucks for 
5 years, accumulating 80,000 miles. He holds a Class D operator's 
license from Indiana. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Peter G. Packard

    Mr. Packard, 57, has had cystoidal macular edema in his right eye 
since 2011. The best corrected visual acuity in his right eye is 20/
150, and in his left eye, 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``In my opinion Mr. Packard likely has 
sufficient visual function required to operate a commercial vehicle.'' 
Mr. Packard reported that he has driven tractor-trailer combinations 
for 32 years, accumulating 3.2 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.

Raef O. Parmelee

    Mr. Parmelee, 42, has complete loss of vision in his left eye due 
to a traumatic injury sustained in 1996. The best corrected visual 
acuity in his right eye

[[Page 38383]]

is 20/15. Following an examination in 2011, his optometrist noted, ``I 
do find that he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Parmelee reported that 
he has driven straight trucks for 25 years, accumulating 390,000 miles. 
He holds a Class C operator's license from Oregon. His driving record 
for the last 3 years shows one crash, which he was not cited for, and 
no convictions for moving violations in a CMV.

Ronald H. Sieg

    Mr. Sieg, 41, has loss of vision in his right eye due to trauma 
sustained in childhood. The best corrected visual acuity in his right 
eye is light perception only, and in his left eye, 20/20. Following an 
examination in 2011, his ophthalmologist noted, ``Therefore, in my 
professional opinion Mr. Sieg has the ability to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Sieg reported 
that he has driven straight trucks for 19 years, accumulating 316,198 
miles, and tractor-trailer combinations for 19 years, accumulating 
32,186 miles. He holds a Class A CDL from Missouri. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Ted L. Smeltzer

    Mr. Smeltzer, 59, has had 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 
optometrist noted, ``I certify that this patient has sufficient vision 
to operate a commercial vehicle.'' Mr. Smeltzer reported that he has 
driven straight trucks for 10 years, accumulating 100,000 miles, and 
tractor-trailer combinations for 10 years, accumulating 100,000 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.

Gregory S. Smith

    Mr. Smith, 38, has complete loss of vision in his right eye since 
birth. The best corrected visual acuity in his right eye is light 
perception only, and in his left eye, 20/20. Following an examination 
in 2012, his optometrist noted, ``I feel that Mr. Smith has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Smith reported that he has driven straight trucks for 5 
years, accumulating 120,000 miles. He holds a Class D operator's 
license from Arkansas. 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 July 27, 2012. 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: June 20, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-15631 Filed 6-26-12; 8:45 am]
BILLING CODE 4910-EX-P