[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Notices]
[Pages 74731-74733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30294]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0338]


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 9 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 January 16, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0338 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

[[Page 74732]]

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 9 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

Sava A. Andjelich

    Mr. Andjelich, age 45, has had amblyopia in his right eye since 
childhood. 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, ``In my professional opinion and based solely on my 
findings, Mr. Andjelich appears to have sufficient visual capacity to 
perform driving tasks involved with commercial vehicles.'' Mr. 
Andjelich reported that he has driven straight trucks for 2 years, 
accumulating 60,000 miles, and tractor-trailer combinations for 23 
years, accumulating 1.8 million miles. He holds an 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.

William Audinwood

    Mr. Audinwood, 63, has had a corneal scar in his left eye due to a 
traumatic incident since childhood. The visual acuity in his right eye 
is 20/20, and in his left eye, 20/100. Following an examination in 
2012, his optometrist noted, ``In my opinion, William Audinwood does 
have sufficient visual fields to operate a commercial vehicle.'' Mr. 
Audinwood reported that he has driven straight trucks for 36 years, 
accumulating 720,000 miles. He holds a Class B Commercial Driver's 
License (CDL) from New York. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Keith E. Breeding

    Mr. Breeding, 54, has had an arterial occlusion in his right eye 
since 2006. The best corrected visual acuity in his right eye is hand 
motion, and in his left eye, 20/20. Following an examination in 2012, 
his optometrist noted, ``In my opinion, Mr. Breeding has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle, but I assume no responsibility for his ability and the final 
decision is on your agency.'' Mr. Breeding reported that he has driven 
straight trucks for 33 years, accumulating 18,150 miles, and tractor-
trailer combinations for 26 years, accumulating 1.5 million 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.

Manual Chancey

    Mr. Chancey, 72, 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, 20/25. Following an examination in 2012, his 
optometrist noted, ``His vision is sufficient enough to operate a 
commercial vehicle.'' Mr. Chancey reported that he has driven tractor-
trailer combinations for 25 years, accumulating 2 million 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.

David L. Ellis

    Mr. Ellis, 31, has complete loss of vision in his right eye since 
2007. The visual acuity in his left eye is 20/15. Following an 
examination in 2012, his ophthalmologist noted, ``He, in my opinion, 
has sufficient vision to perform the required commercial driving 
tasks.'' Mr. Ellis reported that he has driven tractor-trailer 
combinations for 7.5 years, accumulating 375,000 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.

Jack A. Hemelgarn

    Mr. Hemelgarn, 60, has a retinal detachment in his left eye due to 
a traumatic incident since 2008. The best corrected visual acuity in 
his right eye is 20/20, and in his left eye, 20/70. Following an 
examination in 2012, his optometrist noted, ``In my opinion, from a 
vision stand point, he can safely perform the driving tasks required to 
operate a commercial motor vehicle.'' Mr. Hemelgarn reported that he 
has driven buses for 22 years, accumulating 880,000 miles. He holds a 
Class B CDL from Minnesota. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Bobby L. Rupe

    Mr. Rupe, 58, has complete loss of vision in his left eye due to a 
traumatic incident since 1991. The best corrected visual acuity in his 
right eye is 20/20. Following an examination in 2012, his optometrist 
noted, ``In my medical opinion Mr. Rupe has sufficient vision to 
perform the driving task required to, operate a commercial vehicle.'' 
Mr. Rupe reported that he has driven tractor-trailer combinations for 
34 years, accumulating 3.4 million 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.

[[Page 74733]]

Gary Wanek

    Mr. Wanek, 49, has had a central retinal hole in his left eye since 
1982. 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, ``In my medical opinion, he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Wanek reported that he has driven straight trucks for 25 years, 
accumulating 175,000 miles. He holds an operator's license from 
Nebraska. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Richard A. Wilt

    Mr. Wilt, 65, has had a macular scar in his right eye since birth. 
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, ``In my medical opinion, with Mr. Wilt's good visual acuity and 
normal peripheral visual fields, his vision is sufficient to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. Wilt 
reported that he has driven straight trucks for 20 years, accumulating 
730,000 miles. He holds an operator's license from Ohio. 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 January 16, 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.

    Issued on: November 28, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-30294 Filed 12-14-12; 8:45 am]
BILLING CODE 4910-EX-P