[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12815-12817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04191]



[[Page 12815]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0022]


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 21 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 March 27, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0022 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 Federal Docket 
Management System (FDMS) published in the Federal Register on December 
29, 2010 (75 FR 82132), or you may visit 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 21 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

Keith Bell

    Mr. Bell, age 40, has complete loss of vision in his right eye due 
to a traumatic incident in 2008. The best corrected visual acuity in 
his right eye is light perception, and in his left eye, 20/20. 
Following an examination in 2012, his ophthalmologist noted, ``His 
vision is sufficient to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Bell reported that he has driven straight 
trucks for 10 years, accumulating 1 million miles. He holds a Class B 
operator's license from Florida. His driving record for the last 3 
years shows no crashes and one conviction for a moving violation in a 
CMV; he exceeded the speed limit by 9 mph.

Russell A. Bolduc

    Mr. Bolduc, 53, has had a choroidal rupture in his right eye due to 
a traumatic incident in 1984. The 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 opinion, Mr. Bolduc has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Bolduc reported that he has driven straight trucks for 35 years, 
accumulating 350,000 miles, and tractor-trailer combinations for 33 
years, accumulating 990,000 miles. He holds a Class A Commercial 
Driver's License (CDL) from Connecticut. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

David B. Bowman

    Mr. Bowman, 30, has nerve damage in his right eye due to a 
traumatic incident in 2008. The visual acuity in his right eye is 20/
100, and in his left eye, 20/20. Following an examination in 2012, his 
optometrist noted, ``I feel the Mr. Bowman has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Bowman reported that he has driven tractor-trailer combinations for 
10 years, accumulating 400,000 miles. He holds a Class B CDL from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Ronnie Clark

    Mr. Clark, 47, has amblyopia in his right eye since birth. The best 
corrected visual acuity in his right eye is 20/100, and in his left 
eye, 20/20. Following an examination in 2012, his optometrist noted, 
``Exam reveals amblyopia, refractive. Lifelong. Stable. Visual fields 
WNL. Color WNL. No contraindications for commercial driving.'' Mr. 
Clark reported that he has driven tractor-trailer combinations for 26 
years, accumulating 1.9 million miles. He holds a Class A CDL from 
Maine. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

[[Page 12816]]

Earl R. Gould, Jr.

    Mr. Gould, 47, has had a retinal detachment in his right eye since 
childhood due to a traumatic incident. The best corrected visual acuity 
in his right eye is counting fingers, and in his left eye, 20/15. 
Following an examination in 2012, his ophthalmologist noted, ``Based on 
his normal vision and visual field in his left eye, and his history of 
driving a commercial motor vehicle safely in the past with his current 
level of visual functioning, I conclude that he has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Gould reported that he has driven straight trucks for 9 
years, accumulating 517,500 miles, and tractor-trailer combinations for 
27 years, accumulating 2.9 million miles. He holds a Class A CDL from 
New York. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Matthew J. Hahn

    Mr. Hahn, 42, has a retinal scar 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 opinion that Matthew has a stable retinal scar. It 
should not progress. I feel that he has adequate vision to operate a 
commercial vehicle.'' Mr. Hahn reported that he has driven straight 
trucks for 15 years, accumulating 390,000 miles. He holds a Class C 
operator's license from Pennsylvania. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Terry R. Hunt

    Mr. Hunt, 35, has a macular hole in his left eye due to a traumatic 
incident in 2000. 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 ophthalmologist noted, ``Commercial truck driver, good color 
vision, 180 degrees of peripheral vision, no medical contraindication 
to commercial truck driving.'' Mr. Hunt reported that he has driven 
tractor-trailer combinations for 13 years, accumulating 1.2 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.

Sebastian G. Jachymiak

    Mr. Jachymiak, 34, has a prosthetic in his left eye due to a 
traumatic incident in 1993. The best corrected visual acuity in his 
right eye is 20/20, and in his left eye, no light perception. Following 
an examination in 2012, his optometrist noted, ``After evaluation of 
the above data, Sebastian Jachymiak has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Jachymiak reported that he has driven straight trucks for 15 years, 
accumulating 150,000 miles. He holds a Class D operator's license from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

James P. O'Berry

    Mr. O'Berry, 58, has a macular scar 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 stated that, ``In his opinion, Mr. O'Berry has sufficient 
vision to operate a commercial motor vehicle safely.'' Mr. O'Berry 
reported that he has driven straight trucks for 41 years, accumulating 
2 million miles, and tractor-trailer combinations for 41 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.

Mark A. Omps

    Mr. Omps, 56, 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, ``In my opinion, testing provides satisfactory evidence that Mr. 
Omps possess sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Omps reported that he has driven 
straight trucks for 1 year, accumulating 38,000 miles, and tractor-
trailer combinations for 23 years, accumulating 1.4 million miles. He 
holds a Class A CDL from West Virginia. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Gerson Lopez-Padilla

    Mr. Lopez-Padilla, 39, has had choroidal atrophy 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, ``I certify that in my medical opinion, Mr. 
Gerson Lopez-Padilla has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Lopez-Padilla reported 
that he has driven straight trucks for 3 years, accumulating 78,000 
miles, and tractor-trailer combinations for 3 years, accumulating 
78,000 miles. He holds a Class A CDL from Connecticut. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Jerry D. Paul

    Mr. Paul, 57, 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, ``The pt has in my opinion the ability to operate a commercial 
vehicle with the vision that he currently possesses.'' Mr. Paul 
reported that he has driven straight trucks for 38 years, accumulating 
266,000 miles, and tractor-trailer combinations for 16 years, 
accumulating 80,000 miles. He holds a Class A CDL from Arkansas. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Larry B. Peterson

    Mr. Peterson, 51, has had a corneal scar in his right eye since 
childhood. The best corrected visual acuity in his right eye is light 
perception, and in his left eye, 20/20. Following an examination in 
2012, his optometrist noted, ``In my opinion patient has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Peterson reported that he has driven buses for 8 years, 
accumulating 340,000. He holds a Class B CDL from Arkansas. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Franklin P. Reigle, III

    Mr. Reigle, 58, has had a prosthetic in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20, 
and in his left eye, no light perception. Following an examination in 
2012, his optometrist noted, ``Mr. Reigle has been safely driving a 
commercial vehicle ever since he has been a patient here and it is my 
opinion that he can continue to do so.'' Mr. Reigle reported that he 
has driven straight trucks for 41 years, accumulating 717,500 miles, 
and tractor-trailer combinations for 31 years, accumulating 310,000 
miles. He holds a Class AM CDL from Maryland. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

[[Page 12817]]

Phillip Schaub

    Mr. Schaub, 64, 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, 20/80. Following an examination in 2012, his ophthalmologist 
noted, ``It is my medical opinion that his vision meets all the 
criteria to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Schaub reported that he has driven straight trucks for 
11 years, accumulating 330,000 miles. He holds a Class B CDL from 
Colorado. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Reginald Smart

    Mr. Smart, 48, has had optic nerve atrophy in his left eye due to a 
traumatic incident during 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, ``In summary, Mr. Smart has 
good vision, good color vision, and a good field of vision when using 
both eyes. His condition is stable and he should qualify to drive 
commercially.'' Mr. Smart reported that he has driven tractor-trailer 
combinations for 16 years, accumulating 1.2 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.

George Stapleton

    Mr. Stapleton, 61, has had a parafoveal scar in his left eye since 
2009. The best corrected visual acuity in his right eye is 20/30, and 
in his left eye, 20/80. Following an examination in 2012, his 
opthalmologist noted, ``He has, in my opinion, sufficient vision to 
perform driving tasks required to operate a commercial vehicle.'' Mr. 
Stapleton reported that he has driven tractor-trailer combinations for 
21 years, accumulating 1.3 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.

Mark E. Studer

    Mr. Studer, 57, has had true aphakia in his right eye since 1992. 
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 uncorrected vision is hand motion at 20 feet in the right 
eye and 20/30 in the left eye. Mr. Studer has 100 degrees of horizontal 
field in the right eye and 100 degrees of horizontal in the left eye. 
The total horizontal visual field is greater than 120 degrees. Mr. 
Studer has no color vision abnormalities. Therefore, it is my opinion 
that Mark can safely operate a commercial vehicle.'' Mr. Studer 
reported that he has driven straight trucks for 40 years, accumulating 
40,000 miles, and tractor-trailer combinations for 19 years, 
accumulating 285,000 miles. He holds a Class A CDL from Kansas. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

James K. Waites

    Mr. Waites, 43, has had a macular scar in his right eye due to a 
traumatic incident in 2003. The best corrected visual acuity in his 
right eye is 20/60, and in his left eye, 20/15. Following an 
examination in 2012, his ophthalmologist noted, ``In my opinion he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Waites reported that he has driven straight 
trucks for 25 years, accumulating 875,000 miles, and tractor-trailer 
combinations for 21 years, accumulating 42,000 miles. He holds a Class 
A CDL from Arkansas. His driving record for the last 3 years shows no 
crashes and one conviction for a moving violation in a CMV; he exceeded 
the speed limit by 20 mph.

Scott Wallbank

    Mr. Wallbank, 49, has had refractive 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 ophthalmologist noted, ``In my medical opinion, given the 
longstanding nature of Mr. Wallbank's visual deficiency in his right 
eye and his long experience as a commercial truck driver, I am 
comfortable stating that he does have sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Wallbank 
reported that he has driven straight trucks for 18 years, accumulating 
374,400 miles. He holds an operator's license from Massachusetts. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Michael D. Zecha

    Mr. Zecha, 34, 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 ophthalmologist 
noted, ``In my medical opinion, Mr. Michael D. Zecha would be able to 
safely perform the driving tasks required for a commercial license. He 
has demonstrated this ability by driving with a similar waiver in the 
state of Kansas.'' Mr. Zecha reported that he has driven straight 
trucks for 5 years, accumulating 25,000 miles, and tractor-trailer 
combinations for 2 months, accumulating 4,000 miles. He holds a Class A 
CDL from Kansas. 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 March 27, 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: February 15, 2013.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-04191 Filed 2-22-13; 8:45 am]
BILLING CODE 4910-EX-P