[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Pages 14405-14406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05084]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0023]


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 3 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 April 4, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0023 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 3 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

David Doub

    Mr. Doub, 68, has had a retinal detachment in his right eye since 
2009. The visual acuity in his right eye is 20/400, and in his left 
eye, 20/20. Following an examination in 2012, his ophthalmologist 
noted, ``Has sufficient vision left eye to operate commercial 
vehicle.'' Mr. Doub reported that he has driven tractor-trailer 
combinations for 31 years, accumulating 621,000 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.

Gregory S. Engleman

    Mr. Engleman, 43, has had optic neuritis in his right eye since 
2001. The visual acuity in his right eye is 20/200, and in his left 
eye, 20/20. Following an examination in 2012, his optometrist noted, 
``It is my opinion that Mr. Engleman has sufficient vision to operate a 
commercial vehicle.'' Mr. Engleman reported that he has driven straight 
trucks for 7 years, accumulating 245,000 miles, tractor-trailer 
combinations for 19 years, accumulating 2.1 million miles. He holds a 
Class D Commercial Driver's License (CDL) from Kentucky. His driving 
record for the last 3 years shows no crashes but one conviction for 
moving violations in a CMV; he violated the 14 hour rule.

Gale Smith

    Mr. Smith, age 45, has a prosthetic 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, no light perception. Following 
an examination in 2013, his

[[Page 14406]]

optometrist noted, ``He is of no danger to drive a commercial vehicle 
from an ocular standpoint and is certified by me to meet all standards 
for a commercial driver's license.'' Mr. Smith reported that he has 
driven tractor-trailer combinations for 16 years, accumulating 1.6 
million miles. He holds a Class A CDL from Pennsylvania. 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 April 4, 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 27, 2013.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2013-05084 Filed 3-4-13; 8:45 am]
BILLING CODE 4910-EX-P