[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Notices]
[Pages 64839-64841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26055]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0280]


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 14 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 23, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0280 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 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 14 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

Lazaro R. Apiau

    Mr. Apiau, age 52, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/15, and in his 
left eye, 20/200. Following an examination in 2012, his ophthalmologist 
noted, ``I believe that Mr. Apiau has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Apiau 
reported that he has driven straight trucks for 3 years, accumulating 
60,000 miles, and tractor-trailer combinations for 22 years, 
accumulating 2.6 million miles. He holds a Class A Commercial Driver's 
License (CDL) from Florida. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Ronald J. Bergman

    Mr. Bergman, 52, has loss of vision in his right eye due to a 
pituitary tumor that was removed in 2008. The visual acuity in his 
right eye is 20/50, and in his left eye, 20/15. Following an 
examination in 2012, his ophthalmologist noted, ``In my medical 
opinion, Mr. Bergman's vision is good enough for him to drive 
commercial vehicles safely.'' Mr. Bergman reported that he has driven 
straight trucks for 5 years, accumulating 125,000 miles, and tractor-
trailer combinations for 26 years, accumulating 1.9 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.

Noah E. Bowen

    Mr. Bowen, 29, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20, and in his 
left eye, 20/200. Following an examination in 2012, his optometrist 
noted, ``It is my medical opinion that Noah Bowen has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Bowen reported that he has driven straight trucks for 11 
years, accumulating 1.6 million miles, and tractor-trailer combinations 
for 8 years, accumulating 1.6 million miles. He holds a Class A CDL 
from Ohio. His driving record for the last 3 years shows no crashes but 
two convictions for

[[Page 64840]]

moving violations in a CMV; one conviction was for failure to obey a 
traffic device, and one conviction was for speeding in a CMV. He 
exceeded the speed limit by 9 mph.

William J. Hall

    Mr. Hall, 55, has iris damage in his right eye due to a traumatic 
injury sustained 40 years ago. The best corrected visual acuity in his 
right eye is 20/400, and in his left eye, 20/20. Following an 
examination in 2012, his optometrist noted, ``I certify that Mr. Hall 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Hall reported that he has driven straight 
trucks for 4 years, accumulating 47,544 miles, and tractor-trailer 
combinations for 19 years, accumulating 304,000 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.

Mark L. Julin

    Mr. Julin, 61 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 2012, his optometrist noted, ``In my 
opinion, Mark Julin has the ability to operate a commercial vehicle. He 
has longstanding amblyopia in his left eye. His visual fields prove his 
peripheral vision in each eye is excellent.'' Mr. Julin reported that 
he has driven straight trucks for 15 years, accumulating 1.3 million 
miles, and tractor-trailer combinations for 14 years, accumulating 
140,000 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.

Joshua D. Kelly

    Mr. Kelly, 26, has loss of vision in his right eye due to cancer on 
the optic nerve head since 2002. The best corrected visual acuity in 
his right eye is 20/400, and in his left eye, 20/20. Following an 
examination in 2012, his optometrist noted, ``Many people do drive with 
only good vision in one eye and he has sufficient vision in his left 
eye to operate a commercial vehicle.'' Mr. Kelly reported that he has 
driven tractor-trailer combinations for 3 years, accumulating 46,800 
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.

Shelby M. Kuehler

    Mr. Kuehler, 33, has aphakia in his right eye due to a traumatic 
incident at 8 weeks of age. The best corrected visual acuity in his 
right eye is 20/350, and in his left eye, 20/20. Following an 
examination in 2012, his optometrist noted, ``In my medical opinion, 
Shelby has sufficient vision to perform driving tasks required to 
operate a commercial vehicle.'' Mr. Kuehler reported that he has driven 
straight trucks for 7 years, accumulating 210,000 miles. He holds a 
Class C operator's license from Kansas. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Lawrence D. Malecha

    Mr. Malecha, 49, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/400, 
and in his left eye, 20/20. Following an examination in 2012, his 
optometrist noted, ``It is my professional opinion that Mr. Malecha has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle for interstate travel.'' Mr. Malecha reported that 
he has driven straight trucks for 20 years, accumulating 300,000 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.

Glenn C. Medeiros

    Mr. Medeiros, 39, has had a macular cyst in his left eye since 
birth. 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, ``It is my opinion that Mr. Medeiros is visually 
capable to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Medeiros reported that he has driven straight trucks for 
19 years, accumulating 304,000 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.

Jay C. Naccarato

    Mr. Naccarato, 48, 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, 20/200. Following an examination in 2012, his 
optometrist noted, ``I certify, in my medical opinion, you have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Naccarato reported that he has driven 
tractor-trailer combinations for 34 years, accumulating 1 million 
miles, and tractor-trailer combinations for 14 years, accumulating 
105,000 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.

Paul B. Overman

    Mr. Overman, 57, has complete loss of vision in his left eye due to 
a traumatic incident that occurred in 1995. The best corrected visual 
acuity in his right eye is 20/20. Following an examination in 2012, his 
ophthalmologist noted, ``In my medical opinion, Mr. Overman's vision is 
entirely sufficient to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Overman reported that he has driven straight 
trucks for 39 years, accumulating 234,000 miles, and tractor-trailer 
combinations for 35 years, accumulating 140,000 miles. He holds 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.

Reginald I. Powell

    Mr. Powell, 59, has a retinal fold in his right eye due to a 
traumatic incident that occurred in 1983. 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, ``It is 
in my medical opinion that the patient should be able to drive as long 
as he is wearing proper corrective eyewear.'' Mr. Powell reported that 
he has driven tractor-trailer combinations for 25 years, accumulating 
1.2 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.

Jerry M. Puckett

    Mr. Puckett, 58, has had a macular hole in his left eye sustained 
due to a traumatic incident that occurred in 2009. The best corrected 
visual acuity in his right eye is 20/20, and in his left eye, light 
perception only. Following an examination in 2012, his ophthalmologist 
noted, ``The patient does have the ability to recognize color of 
traffic lights in the right eye, but not in the left eye and in our 
medical opinion he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Puckett reported that 
he has driven straight trucks for 4 years, accumulating 208,000 miles, 
and tractor-trailer combinations for 33 years, accumulating 1.7 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.

[[Page 64841]]

Emin Toric

    Mr. Toric, 34, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is no light 
perception, and in his left eye, 20/20. Following an examination in 
2012, his ophthalmologist noted, ``Mr. Toric has normal vision in his 
left eye which, in my opinion, is sufficient for operating a commercial 
vehicle.'' Mr. Toric reported that he has driven tractor-trailer 
combinations for 7 years, accumulating 1.4 million miles. He holds a 
Class A CDL from Georgia. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

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 23, 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: October 16, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-26055 Filed 10-22-12; 8:45 am]
BILLING CODE 4910-EX-P