[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Notices]
[Pages 60008-60010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24141]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0279]


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 15 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 October 31, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0279 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 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

[[Page 60009]]

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 15 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

Deurice K. Dean

    Mr. Dean, age 39, has had coat's disease in his left eye since 
birth. The visual acuity in his right eye is 20/15, and in his left 
eye, 20/400. Following an examination in 2012, his ophthalmologist 
noted, ``He has been driving a truck for the last 12 years and 
therefore it is reasonable to assume that he has sufficient vision to 
perform the driving tasks require to operate a commercial vehicle.'' 
Mr. Dean reported that he has driven straight trucks for 12 years, 
accumulating 999,996 miles, and tractor-trailer combinations for 6 
years, accumulating 1,800 miles. He holds a Class A Commercial Driver's 
License (CDL) from Maryland. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Terry J. Edwards

    Mr. Edwards, 53, has a prosthetic right eye due to a traumatic 
injury sustained at age 5. The best corrected visual acuity in his 
right eye is no light perception, and in his left eye, 20/20. Following 
an examination in 2011, his optometrist noted, ``I certify that Mr. 
Edwards meets the requirement as stated and has sufficient vision to 
perform the driving tasks needed to drive a commercial vehicle.'' Mr. 
Edwards reported that he has driven straight trucks for 10 years, 
accumulating 1.2 million miles, and tractor-trailer combinations for 10 
years, accumulating 1.5 million 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.

Raymundo Flores

    Mr. Flores, 48, has complete loss of vision in his left eye due to 
a traumatic injury sustained at age 2. The best corrected visual acuity 
in his right eye is 20/20. Following an examination in 2012, his 
ophthalmologist noted, ``Yes, I (Cheryl Snyder M.D.) certify Mr. Flores 
has sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Flores reported that he has driven straight 
trucks for 15 years, accumulating 780,000 miles, and tractor-trailer 
combinations for 9 years, accumulating 702,000 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.

Charles F. Huffman

    Mr. Huffman, 53, 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, ``I feel that he has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Huffman reported 
that he has driven tractor-trailer combinations for 5 years, 
accumulating 453,000 miles. He holds a Class A CDL from Washington. His 
driving record for the last 3 years shows no crashes but one conviction 
for speeding in a CMV; he exceeded the speed limit by 15 or more mph.

Ivaylo V. Kanchev

    Mr. Kanchev, 39, 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, 20/60. Following an examination in 2012, his optometrist 
noted, ``Mr. Kanchev has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Kanchev reported that 
he has driven tractor-trailer combinations for 7 years, accumulating 
770,000 miles. He holds a Class A CDL from Florida. His driving record 
for the last 3 years shows no crashes but one conviction for a moving 
violation in a CMV; coasting or operating with gears disengaged.

Charlie C. Kimmel

    Mr. Kimmel, 56, had a retinal detachment in his right eye due to a 
traumatic injury sustained 10 years ago. The visual acuity in his right 
eye is hand motion vision, and in his left eye, 20/20. Following an 
examination in 2011, his optometrist noted, ``Has sufficient vision to 
perform the driving task required to operate a commercial vehicle.'' 
Mr. Kimmel reported that he has driven straight trucks for 7 years, 
accumulating 129,500 miles, and tractor-trailer combinations for 7 
years, accumulating 70,000 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.

Laine Lewin

    Mr. Lewin, 32, has a macular scar in the right eye sustained at age 
13. The best corrected visual acuity in his right eye is hand motion 
vision, and in his left eye, 20/20. Following an examination in 2012, 
his optometrist noted, ``There is no reason for me to believe that Mr. 
Lewin would have any difficulty, based on his vision, performing the 
driving tasks required to operate a commercial motor vehicle safely.'' 
Mr. Lewin reported that he has driven straight trucks for 3 years, 
accumulating 2,700 miles, and tractor-trailer combinations for 16 
years, accumulating 48,000 miles. He holds a Class D license from 
Minnesota. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Jimmy R. Mauldin

    Mr. Mauldin, 75, has esotropia in the right eye due to whooping 
cough sustained at age 2. The best corrected visual acuity in his right 
eye is hand motion vision, and in his left eye, 20/30. Following an 
examination in 2012, his optometrist noted, ``it is in my medical 
opinion the vision is sufficient to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Mauldin reported that he has 
driven straight trucks for 7 years, accumulating 280,000 miles, and 
tractor-trailer combinations for 8 years, accumulating 480,000 miles. 
He holds a Class A CDL from Oklahoma. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Johnny Montemayor

    Mr. Montemayor, 61, has a macular scar on his left eye due to a 
traumatic injury sustained in 1988. 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, ``Based upon the patient's 
history and my examination finding, I am reporting that Mr. Montemayor 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Montemayor reported that he has driven

[[Page 60010]]

tractor-trailer combinations for 30 years, accumulating 160,080 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.

Christopher S. Morgan

    Mr. Morgan, 30, has had amblyopia 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, ``In my medical opinion, Mr. Morgan has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Morgan reported that he has driven straight trucks for 5 years, 
accumulating 75,000 miles, and tractor-trailer combinations for 3 
years, accumulating 135,000 miles. He holds an operator license from 
Louisiana. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

William T. Owens

    Mr. Owens, 57, has central serous choroidopathy in his right eye 
since 2002. 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, ``It is in my medical opinion that Mr. Owens has 
adequate visual function to perform his work duties and maintain his 
CDL license in the operation of a commercial vehicle.'' Mr. Owens 
reported that he has driven tractor-trailer combinations for 35 years, 
accumulating 3.2 million miles. He holds a Class A CDL from Virginia. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Jeffrey S. Pennell

    Mr. Pennell, 49, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/15, and in his 
left eye, 20/400. Following an examination in 2012, his optometrist 
noted, ``In my opinion, he has sufficient vision to operate a 
commercial vehicle.'' Mr. Pennell reported that he has driven straight 
trucks for 22 years, accumulating 792,000 miles, tractor-trailer 
combinations for 12 years, accumulating 336,000 miles, and buses for 5 
months, accumulating 2,000 miles. He holds a Class A CDL from Vermont. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Donald R. Strickland

    Mr. Strickland, 71, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/25, and in his 
left eye, 20/400. Following an examination in 2012, his optometrist 
noted, ``In Summary, Mr. Strickland has excellent vision in the right 
eye and, somewhat diminished vision in the left eye. However, it is my 
medical opinion that Mr. Strickland has sufficient visual acuity to 
perform the duties required for a commercial vehicle.'' Mr. Strickland 
reported that he has driven tractor-trailer combinations for 35 years, 
accumulating 2.6 million miles. He holds a Class A CDL from North 
Carolina. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Vaughn J. Suhling

    Mr. Suhling, 51, has a ocular histoplasmosis scar in his right eye 
sustained in 1990. 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 noted, ``I believe Mr. Suhling has sufficient vision to 
perform the driving tasks required to continue to operate a commercial 
vehicle.'' Mr. Suhling reported that he has driven straight trucks for 
35 years, accumulating 420,000 miles, and tractor-trailer combinations 
for 6 years, accumulating 24,000 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.

Max A. Thurman

    Mr. Thurman, 75, has a prosthetic left eye due to a traumatic 
injury sustained 10 years ago. The visual acuity in his right eye is 
20/25. Following an examination in 2011, his optometrist noted, ``I 
certify that patient has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Thurman reported that 
he has driven straight trucks for 60 years, accumulating 6,000 miles, 
and tractor-trailer combinations for 50 years, accumulating 4.5 million 
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.

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 October 31, 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: September 21, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-24141 Filed 9-28-12; 8:45 am]
BILLING CODE 4910-EX-P