[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Notices]
[Pages 27281-27284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11066]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Docket No. FMCSA-2013-0028]


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 25 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 June 10, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0028 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 January 
17, 2008 (73 FR 3316).

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 25 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

Allan L. Anthony

    Mr. Anthony, age 54, has had refractive amblyopia in his left eye 
since birth. The visual acuity in his right eye is 20/30, and in his 
left eye, counting fingers. Following an examination in 2013, his 
optometrist noted, ``It is, in my opinion, that Mr. Anthony's vision is 
sufficient for operation of a commercial motor vehicle.'' Mr. Anthony 
reported that he has driven straight trucks for 29 years, accumulating 
188,500 miles, and tractor-trailer combinations for 29 years, 
accumulating 58,000 miles. He holds a Class A Commercial Driver's 
License (CDL) from Maryland. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

James C. Barr

    Mr. Barr, 55, has had strabismic amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/160. Following an examination in 2012, his optometrist noted, 
``In my medical opinion, Mr. Barr has sufficient central and peripheral 
vision; as well as, sufficient gross depth perception to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Barr 
reported that he has driven straight trucks for 7 years, accumulating 
350 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.

Clifford L. Burrus

    Mr. Burruss, 71, has had refractive amblyopia in his right eye 
since childhood. The visual acuity in his right eye is 20/100, and in 
his left eye, 20/20. Following an examination in 2013, his optometrist 
noted, ``Since Mr. Burruss has been a professional truck driver for 40 
years with an accident free driving

[[Page 27282]]

record, it is my opinion that his vision is satisfactory to continue in 
his occupation for the next two years.'' Mr. Burruss reported that he 
has driven straight trucks for 1 year, accumulating 60,000 miles, and 
tractor-trailer combinations for 40 years, accumulating 5 million 
miles. He holds a Class A CDL from California. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Brian G. Dvorak

    Mr. Dvorak, 53, has had myopia in his left eye since childhood. The 
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. 
Dvorak has the ability to recognize the colors of traffic control 
signals and devices and in my opinion has sufficient vision to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Dvorak reported that he has driven tractor-trailer combinations for 27 
years, accumulating 270,000 miles. He holds a Class AM CDL from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Roger Dykstra

    Mr. Dykstra, 58, has a central scotoma in his left eye due to a 
traumatic incident in 1986. The visual acuity in his right eye is 20/
20, and in his left eye, 20/400. Following an examination in 2012, his 
ophthalmologist noted, ``Enclosed is a copy of the formal perimetry 
test which indicates that the patient has a 120 degree field of vision 
and it is my medical opinion that Mr. Dykstra is able to operate his 
service truck for his employment in the same safe manner that he has 
done since his employment in 1995.'' Mr. Dykstra reported that he has 
driven straight trucks for 40 years, accumulating 580,000 miles. He 
holds a Class B CDL from Illinois. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Gerald R. Eister

    Mr. Eister, 48, has had aniridia in his left eye since 2009. The 
visual acuity in his right eye is 20/20, and in his left eye, light 
perception. Following an examination in 2013, his optometrist noted, 
``So with the right eye seeing 20/20 without correction and the left 
eye having good peripheral I feel he is safe to operate a commercial 
vehicle.'' Mr. Eister reported that he has driven straight trucks for 
28 years, accumulating 873,600 miles, and tractor-trailer combinations 
for 10 years, accumulating 100,000 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.

Juan M. Guerrero

    Mr. Guerrero, 40, has had optic atrophy in his right eye since 
1993. The visual acuity in his right eye is counting fingers, and in 
his left eye, 20/20. Following an examination in 2012, his optometrist 
noted, ``Patient has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Guerrero reported that 
he has driven straight trucks for 13 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 one conviction for a moving violation 
in a CMV; he ran a stop sign.

Michael L. Huffman

    Mr. Huffman, 59, has had strabismic 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 2013, his optometrist noted, 
``Based on his visual findings and his previous work and driving 
experience, I feel as though Mr. Huffman has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Huffman reported that he has driven straight trucks for 38 years, 
accumulating 3.8 million miles, tractor-trailer combinations for 3 
years, accumulating 102,000 miles, and buses for 1.5 years, 
accumulating 750 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.

John T. Johnson

    Mr. Johnson, 34, has a retinal detachment in his right eye due to a 
traumatic incident in 1998. The visual acuity in his right eye is 20/
200, and in his left eye, 20/20. Following an examination in 2013, his 
optometrist noted, ``Given the stability of his exam, his excellent 
visual acuity, color vision and visual field in the left eye, he should 
be able to continue operating a commercial vehicle from a vision 
standpoint.'' Mr. Johnson reported that he has driven straight trucks 
for 13 years, accumulating 650,000 miles, and tractor-trailer 
combinations for 13 years, accumulating 650,000 miles. He holds a Class 
A CDL from New Mexico. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Kevin S. Kacicz

    Mr. Kacicz, 42, has a cataract in his left eye due to a traumatic 
incident during childhood. The best corrected visual acuity in his 
right eye is 20/25, and in his left eye, 20/50. Following an 
examination in 2012, his optometrist noted, ``I certify that I have 
reviewed the federal requirements for drivers of interstate commercial 
vehicle with respect to vision, and in my opinion, the above patient 
does meet the federal requirements for vision for interstate commercial 
vehicle operators.'' Mr. Kacicz reported that he has driven straight 
trucks for 15 years, accumulating 699,990 miles, and tractor-trailer 
combinations for 6 months, accumulating 100,000 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.

Thomas Korycki

    Mr. Korycki, 48, has had amblyopia in his left eye due 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, ``Patient has sufficient vision to perform tasks 
required to operate commercial vehicle.'' Mr. Korycki reported that he 
has driven straight trucks for 33 years, accumulating 33,000 miles. He 
holds an operator's license from New Jersey. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

John Kozminski

    Mr. Kozminski, 59, 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 
ophthalmologist noted, ``In my medical opinion, Mr. Kozminski has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Kozminski reported that he has driven 
straight trucks for 25 years, accumulating 250,000 miles. He holds a 
chauffer's license from Michigan. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Larry W. Lunde

    Mr. Lunde, 60, has a retinal detachment in his right eye due to a 
traumatic incident in 2002. 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

[[Page 27283]]

optometrist noted, ``In my opinion, Larry Lunde has sufficient vision 
to perform all tasks required for driving a commercial vehicle.'' Mr. 
Lunde reported that he has driven straight trucks for 30 years, 
accumulating 150,000 miles, and tractor-trailer combinations for 30 
years, accumulating 3.3 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.

David Matos

    Mr. Matos, 53, has had a prosthetic left eye since birth. 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 optometrist 
noted, ``He has a prosthetic left eye all his life . . . His vision is 
20/20 in the right eye . . . I am confident in his ability to continue 
to drive a truck or any other commercial vehicle.'' Mr. Matos reported 
that he has driven straight trucks for 30 years, accumulating 900,000 
miles. He holds a Class B CDL from New York. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Chad Penman

    Mr. Penman, 43, has had optic nerve damage in his right eye since 
2006. The visual acuity in his right eye is 20/80, and in his left eye, 
20/20. Following an examination in 2013, his optometrist noted, ``In my 
opinion Chad has sufficient vision to perform driving tasks required to 
operate a commercial vehicle.'' Mr. Penman reported that he has driven 
straight trucks for 20 years, accumulating 800,000 miles, and tractor-
trailer combinations for 10 years, accumulating 350,000 miles. He holds 
a Class A CDL from Utah. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Raymond Potter

    Mr. Potter, 51, has a prosthetic left eye due to a traumatic 
incident in 1991. The 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, ``In my opinion, he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Potter reported that he has driven straight trucks for 14 years, 
accumulating 210,000 miles. He holds an operator's license from Rhode 
Island. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

David Rothermel

    Mr. Rothermel, 46, has had high myopia 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 2013, his 
optometrist noted, ``Mr. Rothermel's uncorrected and corrected vision 
is more than sufficient to operate a commercial vehicle.'' Mr. 
Rothermel reported that he has driven straight trucks for 22 years, 
accumulating 660,000 miles. He holds a Class 10 license from Rhode 
Island. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Charles T. Spears

    Mr. Spears, 44, has had a prosthetic left eye since 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 2013, his optometrist 
noted, ``In my medical opinion, Mr. Spears has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Spears reported that he has driven tractor-trailer combinations for 
10 years, accumulating 250,000 miles. He holds a Class A CDL from 
Virginia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Brian Tessman

    Mr. Tessman, 56, has had optic nerve hypoplasia in his left eye 
since birth. The best corrected visual acuity in his right eye is 20/
15, and in his left eye, 20/400. Following an examination in 2013, his 
optometrist noted, ``I certify that you are stable and in my opinion 
are sufficient to continue your commercial vehicle operations.'' Mr. 
Tessman reported that he has driven straight trucks for 14 years, 
accumulating 653,744 miles. He holds an operator's license from 
Wisconsin. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Gregory Thurston

    Mr. Thurston, 55, has had anisometropic amblyopia in his left eye 
since childhood. The best corrected visual acuity in his right eye is 
20/20, and in his left eye, 20/60. Following an examination in 2012, 
his optometrist noted, ``In my medical opinion, Mr. Gregory Thurston 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Thurston reported that he has driven 
straight trucks for 33 years, accumulating 231,000 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.

Donald R. Torbett

    Mr. Torbett, 47, 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, 20/50. Following an examination in 2012, his optometrist 
noted, ``In my opinion, Donald has sufficient vision to continue to 
operate a commercial vehicle without glasses.'' Mr. Torbett reported 
that he has driven tractor-trailer combinations for 25 years, 
accumulating 2.5 million 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.

Scharron Valentine

    Mr. Valentine, 44, has had 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 2013, his 
optometrist noted, ``From these results I believe Mr. Valentine has a 
sufficient visual acuity, visual field, and color discrimination to 
continue to safely operate a commercial vehicle.'' Mr. Valentine 
reported that he has driven tractor-trailer combinations for 3 years, 
accumulating 234,000 miles. He holds a Class A CDL from Ohio. 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 12 mph.

Allen D. Weiand

    Mr. Weiand, 62, 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, 20/60. Following an examination in 2013, his optometrist 
noted, ``In my medical opinion Allen Weiand's vision status is stable, 
and I would also state that he has sufficient vision to safely operate 
a motor vehicle (a commercial motor vehicle).'' Mr. Weiand reported 
that he has driven straight trucks for 45 years, accumulating 900,000 
miles, and tractor-trailer combinations for 40 years, accumulating 
200,000. He holds 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.

James Whiteway

    Mr. Whiteway, 61, has had central corneal opacity in his left eye 
since 2000. The best corrected visual acuity in his right eye is 20/20, 
and in his left eye, 20/80. Following an examination in

[[Page 27284]]

2013, his ophthalmologist noted, ``I feel that Mr. Whiteway has 
sufficient vision ability to operate a commercial vehicle.'' Mr. 
Whiteway reported that he has driven straight trucks for 12 years, 
accumulating 800,000 miles, tractor-trailer combinations for 30 years, 
accumulating 3 million miles, and buses for less than one year, 
accumulating 50,000 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.

Billy W. Wilson

    Mr. Wilson, 55, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/25, and in his 
left eye, 20/200. Following an examination in 2013, his optometrist 
noted, ``Sufficient vision to perform commercial driving tasks.'' Mr. 
Wilson reported that he has driven tractor-trailer combinations for 24 
years, accumulating 1.8 million miles. He holds a Class AM CDL from 
Tennessee. 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 June 10, 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: April 30, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-11066 Filed 5-8-13; 8:45 am]
BILLING CODE 4910-EX-P