[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Notices]
[Pages 47818-47822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18918]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0165]


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 September 5, 2013.

[[Page 47819]]


ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0165 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

Larry E. Blakely

    Mr. Blakely, age 63, has had a retinal detachment in his right eye 
since 2011. The visual acuity in his right eye is hand motion, and in 
his left eye, 20/25. Following an examination in 2013, his 
ophthalmologist noted, ``It would be my opinion that he would be safe 
on the road. I would feel very comfortable with him driving next to me 
and I think his level of visual performance should be adequate to 
operate a commercial vehicle.'' Mr. Blakely reported that he has driven 
straight trucks for 15 years, accumulating 510,000, and tractor-trailer 
combinations for 20 years, accumulating 1.4 million miles. He holds a 
Class A Commercial Driver's License (CDL) from Georgia. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

William Bucaria, Jr.

    Mr. Bucaria, 37, has a shattered retina in his left eye due to a 
traumatic incident during childhood. 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, ``My opinion is that Mr. 
Bucaria has sufficient vision to operate a commercial vehicle.'' Mr. 
Bucaria reported that he has driven tractor-trailer combinations for 3 
years, accumulating 288,000 miles. He holds a Class A CDL from Florida. 
His driving record for the last 3 years shows no crashes and 2 
convictions for moving violations in a CMV. In the first incident, he 
failed to yield to an emergency vehicle. In the second incident, he 
exceeded the speed limit by 10 mph.

Kevan M. Burke

    Mr. Burke, 60, has had a retinal detachment in his right eye since 
childhood. The visual acuity in his right eye is hand motion, and in 
his left eye, 20/20. Following an examination in 2013, his optometrist 
noted, ``In my medical opinion Mr. Burke has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Burke reported that he has driven straight trucks for 40 years, 
accumulating 22,000 miles, and tractor-trailer combinations for 11 
years, accumulating 2,200 miles. He holds a Class AM CDL from 
Pennsylvania. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Thomas F. Caithamer

    Mr. Caithamer, 48, has had a strabismic amblyopia in his right eye 
since childhood. The visual acuity in his right eye is 20/60, and in 
his left eye, 20/20. Following an examination in 2013, his optometrist 
noted, ``Long standing amblyopia in the right eye (>40 yrs), which is 
stable and adaptable to allow the patient to perform his necessary 
operations for driving a commercial vehicle.'' Mr. Caithamer reported 
that he has driven straight trucks for 26 years, accumulating 270,400 
miles. He holds an 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.

Jaime M. Daigle

    Mr. Daigle, 38, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/100, and in his left eye, 20/20. 
Following an examination in 2013, his ophthalmologist noted, ``It is in 
my medical opinion that Mr. Daigle has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Daigle 
reported that he has driven straight trucks for 13 years, accumulating 
651,742 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.

James E. Goodman

    Mr. Goodman, 44, has a corneal laceration in his left eye due to a 
traumatic incident in 2011. The visual acuity in his right eye is 20/
20, and in his left eye, 20/400. Following an examination in 2012, his

[[Page 47820]]

ophthalmologist noted, ``In my medical opinion, the patient has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Goodman reported that he has driven tractor-
trailer combinations for 25 years, accumulating 1.5 million miles. He 
holds an operator's license from Alabama. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Britt A. Green

    Mr. Green, 43, has had exotropia in his left eye since birth. The 
visual acuity in his right eye is 20/15, and in his left eye, 20/200. 
Following an examination in 2013, his optometrist noted, ``Therefore, I 
certify that in my medical opinion, Mr. Green has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle to 
take a practical, behind-the-wheel test.'' Mr. Green reported that he 
has driven straight trucks for 28 years, accumulating 210,000 miles, 
and tractor-trailer combinations for 22 years, accumulating 110,000 
miles. He holds a Class A CDL from North Dakota. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Craig C. Harris

    Mr. Harris, 41, has a macular scar in his right eye due to a 
traumatic incident during childhood. The visual acuity in his right eye 
is 20/125, and in his left eye, 20/20. Following an examination in 
2012, his optometrist noted, ``It is my opinion that Mr. Harris is able 
to drive with no limitations per my November 15, 2012 exam.'' Mr. 
Harris reported that he has driven straight trucks for 21 years, 
accumulating 630,000 miles. He holds an operator's license from New 
Hampshire. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Jesus J. Huerta

    Mr. Huerta, 41, has optic nerve damage in his right eye due to a 
traumatic incident in 1995. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/25. Following an examination 
in 2013, his optometrist noted, ``Mr. Huerta has had a CDL license for 
a great many years after the loss of his right eye. I think his driving 
record speaks for itself with regards to having `sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.' '' 
Mr. Huerta reported that he has driven straight trucks for 8 years, 
accumulating 108,000 miles. He holds a Class B CDL from Nevada. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Arlene S. Kent

    Ms. Kent, 52, has had refractive amblyopia in her right eye since 
childhood. The visual acuity in her right eye is 20/70, and in her left 
eye, 20/20. Following an examination in 2013, her optometrist noted, 
``Due to the fact that her condition only affects the central vision in 
her right eye, the other eye has 20/20 with correction, and her 
peripheral vision is excellent in both eyes, it is my medical opinion 
that she has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Ms. Kent reported that she has driven 
buses for 8 years, accumulating 16,000 miles. She holds a Class C CDL 
from New Hampshire. Her driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Willie L. Murphy

    Mr. Murphy, 52, has a prosthetic left eye due to a traumatic 
incident during childhood. The 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 he has sufficient 
vision to perform the driving tasks associated with driving a 
commercial vehicle.'' Mr. Murphy reported that he has driven straight 
trucks for 25 years, accumulating 1 million miles. He holds a Class B 
CDL from Indiana. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Chad J. Nolan

    Mr. Nolan, 42, has had a congenitally underdeveloped optic nerve in 
his right eye since birth. The visual acuity in his right eye is 
counting fingers, and in his left eye, 20/20. Following an examination 
in 2013, his optometrist noted, ``I feel Mr. Nolan does have the visual 
ability to continue to safely operate a commercial vehicle.'' Mr. Nolan 
reported that he has driven straight trucks for 4 years, accumulating 
38,000 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.

Joseph J. Pudlik

    Mr. Pudlik, 47, has had a refractive amblyopia in his left eye 
since birth. 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, ``In my opinion vision is sufficient for driving commercial 
vehicle.'' Mr. Pudlik reported that he has driven straight trucks for 
24 years, accumulating 672,000 miles. He holds a Class BM CDL from 
Illinois. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Freddie G. Reed

    Mr. Reed, 60, has a corneal scar in his right eye due to a 
traumatic incident in 2006. The visual acuity in his right eye is 20/
80, and in his left eye, 20/20. Following an examination in 2013, his 
ophthalmologist noted, ``It is my medical opinion that Mr. Reed's 
vision is stable and sufficient with correction to perform driving 
tasks required to operate a commercial vehicle.'' Mr. Reed reported 
that he has driven tractor-trailer combinations for 39 years, 
accumulating 1.4 million miles. He holds a Class A CDL from 
Mississippi. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Elmer L. Roberson

    Mr. Roberson, 64, has a prosthetic left eye due to a traumatic 
incident during childhood. The visual acuity in his right eye is 20/25, 
and in his left eye, no light perception. Following an examination in 
2013, his optometrist noted, ``This individual has driven almost 50 
years with one eye and seems to have sufficient vision to perform the 
driving tasks required for a commercial vehicle.'' Mr. Roberson 
reported that he has driven straight trucks for 3 years, accumulating 
288,000 miles, and tractor-trailer combinations for 10 years, 
accumulating 1.6 million miles. He holds an operator's license from 
Oklahoma. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Anthony R. Santomango

    Mr. Santomango, 68, has had 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 2012, his optometrist 
noted, ``Patient has adapted very well over his lifetime and can 
perform all driving task [sic] well, commercially or otherwise.'' Mr. 
Santomango reported that he has driven straight trucks for 50 years, 
accumulating 100,000 miles, tractor-trailer combinations for 50 years, 
accumulating 1.5 million miles, and buses for 5 years, accumulating 
5000 miles. He holds a Class A CDL from

[[Page 47821]]

Maine. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Daniel W. Schafer

    Mr. Schafer, 29, has had optic atrophy in his right eye since 
birth. The visual acuity in his right eye is 5/200, and in his left 
eye, 20/15. Following an examination in 2013, his optometrist noted, 
``In summary, in my medical opinion, Dan meets the standards set forth 
in 49 CFR 391.41 and from an ophthalmic standpoint, appears capable of 
operating a commercial vehicle.'' Mr. Schafer reported that he has 
driven straight trucks for 13 years, accumulating 455,000 miles. He 
holds an 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.

Keith A. Sommers

    Mr. Sommers, 46, has complete loss of vision in his right eye due 
to a traumatic incident during childhood. The visual acuity in his 
right eye is light perception, and in his left eye, 20/20. Following an 
examination in 2013, his ophthalmologist noted, ``In my opinion, Mr. 
Sommers has sufficient vision to operate a commercial vehicle safely.'' 
Mr. Sommers reported that he has driven straight trucks for 20 years, 
accumulating 5,000 miles, and tractor-trailer combinations for 10 
years, accumulating 3,750 miles. He holds a chauffeur's license from 
Indiana. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

James A. Spell

    Mr. Spell, 56, has a macular scar in his right eye due to a 
traumatic incident in 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, ``I have found no reason that should preclude 
Mr. Spell from obtaining a commercial driving license. He is safe to 
continue driving commercial motor vehicles.'' Mr. Spell reported that 
he has driven tractor-trailer combinations for 20 years, accumulating 
700,000 miles. He holds a Class A CDL from Maryland. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Robert L. Spencer

    Mr. Spencer, 58, 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/
200. Following an examination in 2013, his optometrist noted, ``Patient 
has sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Spencer reported that he has driven straight 
trucks for 35 years, accumulating 875,000 miles. He holds an operator's 
license from Connecticut. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Scott C. Star

    Mr. Star, 43, has had an anisometropic amblyopia in his left eye 
since childhood. The visual acuity in his right eye is 20/20, and in 
his left eye, 20/200. Following an examination in 2013, his optometrist 
noted, ``His best corrected vision was 20/20 right eye and 20/200 left 
eye . . . It is my impression that with correction, Mr. Star, is able 
to operate a commercial motor vehicle without problem.'' Mr. Star 
reported that he has driven straight trucks for 20 years, accumulating 
2.9 million 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.

Brian S. Stockwell

    Mr. Stockwell, 52, has a retinal tear and cataract in his right eye 
due to a traumatic incident in 1997. The visual acuity in his right eye 
is 20/60, and in his left eye, 20/20. Following an examination in 2013, 
his ophthalmologist noted, ``Brian Stockwell, a 51-year-old patient has 
requested a letter to determine if he qualifies for a visual exemption 
for a certain level Commercial Driver's Licence [sic] . . . Mr. 
Stockwell has had an unblemished driving record over the past 15 years, 
with the same level of vision, I feel it is reasonable to assume that 
he will continue to do so.'' Mr. Stockwell reported that he has driven 
straight trucks for 15 years, accumulating 450,000 miles. He holds a 
Class BM CDL from Illinois. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Jeffrey R. Swett

    Mr. Swett, 39, has had open angle glaucoma in his right eye since 
2010. The visual acuity in his right eye is 20/300, and in his left 
eye, 20/20. Following an examination in 2013, his ophthalmologist 
noted, ``Mr. Swett has sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Swett reported that he 
has driven tractor-trailer combinations for 14 years, accumulating 2.7 
million miles. He holds a Class A CDL from South Carolina. His driving 
record for the last 3 years shows no crashes and one conviction for a 
moving violation in a CMV; he was driving in an improper lane.

Brian C. Tate

    Mr. Tate, 37, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/100, and in his left eye, 20/25. 
Following an examination in 2013, his ophthalmologist noted, ``It is of 
my professional opinion that he is safe to operate a commercial 
vehicle.'' Mr. Tate reported that he has driven straight trucks for 15 
years, accumulating 240,000 miles, and tractor-trailer combinations for 
14 years, accumulating 1.1 million miles. He holds a Class A CDL from 
Virginia. His driving record for the last 3 years shows one crash, for 
which he was cited, and no convictions for moving violations in a CMV.

Aaron M. Vernon

    Mr. Vernon, 55, has had a prosthetic right eye since 2009. The 
visual acuity in his right eye is no light perception, and in his left 
eye, 20/20. Following an examination in 2013, his ophthalmologist 
noted, ``In my medical opinion, my patient has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Vernon reported that he has driven straight trucks for 28 years, 
accumulating 672,000 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.

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 September 5, 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.

Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand

[[Page 47822]]

delivery, but please use only one of these means. FMCSA recommends that 
you include your name and a mailing address, an email address, or a 
phone number in the body of your document so that FMCSA can contact you 
if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2013-0165 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-2013-0165 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

    Issued on: July 30, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-18918 Filed 8-5-13; 8:45 am]
BILLING CODE 4910-EX-P