[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1919-1921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00231]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0339]


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 February 8, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0339 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

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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 December 29, 2010 (75 FR 82132) at http://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.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

Benny L. Bailey

    Mr. Bailey, age 56, has had central scotoma in his right eye due to 
a traumatic incident 20 years ago. 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, ``In my medical opinion I 
believe that Mr. Bailey has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Bailey reported 
that he has driven straight trucks for 10 years, accumulating 852,000 
miles. He holds a Class B Commercial Driver's License (CDL) from 
Tennessee. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Bobby R. Carter, Sr.

    Mr. Carter, 65, has had a branch retinal vein occlusion in his left 
eye since 1995. The visual acuity in his right eye is 20/20, and in his 
left eye, hand motion. Following an examination in 2012, his 
optometrist noted, ``He has the ability to perform commercial driving 
tasks as he has been doing for many years.'' Mr. Carter reported that 
he has driven tractor-trailer combinations for 20 years, accumulating 
1.5 million miles. He holds a Class C CDL from Michigan. His driving 
record for the last 3 years shows one crash, for which he was not 
cited, and no convictions for moving violations in a CMV.

Brent Coleman

    Mr. Coleman, 50, 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/
40. Following an examination in 2012, his ophthalmologist noted, ``If 
his perimetry tests are normal and he is not required to have binocular 
vision, then he has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Coleman reported that 
he has driven tractor-trailer combinations for 12.5 years, accumulating 
1.5 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.

Adan Cortes-Juarez

    Mr. Cortes-Juarez, 54, has had hyperopia with amblyopia in his left 
eye since childhood. The best corrected visual acuity in his right eye 
is 20/25, and in his left eye, 20/60. Following an examination in 2012, 
his ophthalmologist noted, ``I certify that Adan Cortes-Juarez can 
operate a commercial vehicle safely on the basis of his visual 
acuity.'' Mr. Cortes-Juarez reported that he has driven tractor-trailer 
combinations for 31 years, accumulating 1.86 million 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.

Lisa M. Durey

    Ms. Durey, 44, has had amblyopia in her left eye since childhood. 
The best corrected visual acuity in her right eye is 20/20, and in her 
left eye, 20/80. Following an examination in 2012, her optometrist 
noted, ``In my opinion, Lisa has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Ms. Durey 
reported that she has driven straight trucks for 12 years, accumulating 
200,000 miles, and tractor-trailer combinations for 3 months, 
accumulating 300 miles. She holds a Class B CDL from Illinois. Her 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

David P. Elliott

    Mr. Elliott, 59, has had amblyopia in his left eye since birth. 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, 
``It is in my medical opinion that there is sufficient vision to 
operate a commercial vehicle.'' Mr. Elliott reported that he has driven 
straight trucks for 20 years, accumulating 1 million miles, and 
tractor-trailer combinations for 10 years, accumulating 1.25 million 
miles. He holds a Class B CDL from Ohio. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Matthew T. Eggers

    Mr. Eggers, 44, has had amblyopia in his right eye since birth. 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 ophthalmologist 
noted, ``The patient's visual function should be adequate to operate a 
commercial vehicle.'' Mr. Eggers reported that he has driven straight 
trucks for 13 years,

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accumulating 260,000 miles, and tractor-trailer combinations for 12 
years, accumulating 24,000 miles. He holds a Class A CDL from Iowa. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Jerry Hall

    Mr. Hall, 51, 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, 20/50. Following an examination in 2012, his ophthalmologist 
noted, ``Mr. Hall's diagnosis is amblyopia OS which is stable and non-
progressive. With these findings he should be able to operate a motor 
vehicle commercially.'' Mr. Hall reported that he has driven straight 
trucks for 7 years, accumulating 84,000 miles, and tractor-trailer 
combinations for 6 months, accumulating 8,000 miles. He holds a Class D 
CDL from Kentucky. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Jerry L. Parker

    Mr. Parker, 57, has had a mature cataract in his right eye due to a 
traumatic incident during childhood. 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, ``Since he received this 
injury as a child, he has adapted well with head movements to safely 
drive a commercial vehicle.'' Mr. Parker reported that he has driven 
straight trucks for 30 years, accumulating 375,000 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.

Colin Passmore

    Mr. Passmore, 43, has had complete loss of vision in his left eye 
due to a traumatic incident at age 15. The best corrected visual acuity 
in his right eye is 20/20. Following an examination in 2012, his 
optometrist noted, ``In my professional opinion, Colin can safely 
operate a commercial vehicle. His acuity and visual field are excellent 
and with the duration of the deficiency he is fully adapted.'' Mr. 
Passmore reported that he has driven straight trucks for 4 years, 
accumulating 200,000 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.

Dennis W. Pevey

    Mr. Pevey, 56, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/40, and in his 
left eye, 20/60. Following an examination in 2012, his ophthalmologist 
noted, ``In my option, this person has sufficient vision to operate a 
commercial motor vehicle safely.'' Mr. Pevey reported that he has 
driven tractor-trailer combinations for 29 years, accumulating 2.32 
million miles. He holds a Class A CDL from Georgia. His driving record 
for the last 3 years shows no crashes and one conviction for speeding 
in a CMV; he exceeded the speed limit by 10 mph.

Charles D. Reddick

    Mr. Reddick, 32, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/70. 
Following an examination in 2012, his optometrist noted, ``It is my 
professional opinion that Mr. Charles Reddick has sufficient vision to 
perform the driving of a commercial vehicle.'' Mr. Reddick reported 
that he has driven tractor-trailer combinations for 7 years, 
accumulating 875,000 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.

Frank Santak

    Mr. Santak, 56, has had refractive 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 
optometrist noted, ``In my opinion, I believe that Mr. Santak has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle at this time.'' Mr. Santak reported that he has 
driven straight trucks for 27 years, accumulating 202,500 miles. He 
holds a Class C CDL from Delaware. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Curtis E. Way

    Mr. Way, 53, has had complete loss of vision in his left eye due to 
complications during surgery eight years ago. The best corrected visual 
acuity in his right eye is 20/20. Following an examination in 2012, his 
optometrist noted, ``He has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Way reported that 
he has driven straight trucks for 15 years, accumulating 18,000 miles, 
and tractor-trailer combinations for 10 years, accumulating 1.4 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.

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 February 8, 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: December 28, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-00231 Filed 1-8-13; 8:45 am]
BILLING CODE 4910-EX-P