[Federal Register Volume 78, Number 208 (Monday, October 28, 2013)]
[Notices]
[Pages 64271-64274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25378]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0167]


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 24 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 November 27, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0167 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

[[Page 64272]]

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 24 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 Adams, Jr.

    Mr. Adams, age 44, has had traumatic corneal necrosis in his left 
eye since 1990. 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, ``It is my opinion the Mr. Adams should be allowed 
to have his commercial license. Mr. Adams has been successfully driving 
with only his right eye for the past 18 years.'' Mr. Adams reported 
that he has driven tractor-trailer combinations for 17 years, 
accumulating 1.64 million miles. He holds a Class A Commercial Driver's 
License (CDL) from Florida. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Juan R. Andrade

    Mr. Andrade, 53, has a macular hole in his right eye due to a 
traumatic incident in 2001. The visual acuity in his right eye is 20/
70, and in his left eye, 20/20. Following an examination in 2013, his 
ophthalmologist noted, ``I certify that, in my medical opinion, the 
patient has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Andrade reported that he has driven 
tractor-trailer combinations for 29 years, accumulating 2.9 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.

Ronald C. Ashley

    Mr. Ashley, 42, has had amblyopia in his right eye since birth. 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, ``I find no 
reason to restrict his duties as a CDL driver. I find that speaking 
with Mr. Ashley that he is well aware of his visual situation and 
understands the importance of good vision in his occupation as a CDL 
holder. I find that he is fit to perform his duties.'' Mr. Ashley 
reported that he has driven tractor-trailer combinations for 3 years, 
accumulating 255,000 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.

Michael A. Bagwell

    Mr. Bagwell, 38, has had amblyopia in his left eye since birth. 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, ``It is my 
opinion that Mr. Bagwell has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Bagwell reported 
that he has driven straight trucks for 10 years, accumulating 42,500 
miles, and tractor-trailer combinations for 15 years, accumulating 
67,500 miles. He holds an operator's license from Texas. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Lester E. Burnes

    Mr. Burnes, 47, has a prosthetic left eye due to a traumatic 
incident in 2012. 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, ``It is my opinion that this patient has loss of 
left eye due to trauma; well adapted to loss. Right eye visual 
correction consistent with previous Rx and age. Patient shows better 
than average adjustment to loss of one eye and approval for continued 
CDL is recommended.'' Mr. Burnes reported that he has driven straight 
trucks for 10 years, accumulating 1 million miles, and tractor-trailer 
combinations for 5 years, accumulating 100,000 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.

Miguel A. Calderon

    Mr. Calderon, 40, has a prosthetic left eye due to a traumatic 
incident in 1990. 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 opinion, Mr. Calderon has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Calderon reported that he has driven straight trucks for 
5 years, accumulating 150,000 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.

Terry L. Cliffe

    Mr. Cliffe, 59, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2013, his optometrist noted, ``The 
amblyopic right eye seems to be stable at this time and you have enough 
vision in the left eye to be able to drive a commercial vehicle.'' Mr. 
Cliffe reported that he has driven straight trucks for 4 years, 
accumulating 272,000 miles, and tractor-trailer combinations for 10 
years, accumulating 1.19 million 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.

Herman R. Dahmer, Jr.

    Mr. Dahmer, 56, has amblyopia 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, counting fingers. Following an examination in 
2013, his optometrist noted, ``Can drive a commercial vehicle.'' Mr. 
Dahmer reported that he has driven straight trucks for 33 years, 
accumulating 442,497 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.

Andrew S. Durward

    Mr. Durward, 52, has had a central retinal vein occlusion in his 
right eye since 2010. The visual acuity in his right eye is 20/70, and 
in his left eye, 20/25. Following an examination in 2013, his 
ophthalmologist noted, ``He is able to recognize the colors of traffic

[[Page 64273]]

control signals and in my medical opinion has sufficient vision to 
perform the driving task required to operate a commercial vehicle.'' 
Mr. Durward reported that he has driven straight trucks for 4 years, 
accumulating 40,000 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.

James P. Fitzgerald

    Mr. Fitzgerald, 57, has had a retinal detachment in his left eye 
since 2010. The visual acuity in his right eye is 20/25, and in his 
left eye, hand motion. Following an examination in 2012, his 
ophthalmologist noted, ``Mr. Fitzgerald has sufficient vision to 
perform the driving tasks to operate a commercial vehicle.'' Mr. 
Fitzgerald reported that he has driven tractor-trailer combinations for 
33 years, accumulating 3.1 million miles. He holds a Class AM CDL from 
Massachusetts. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Vashion E. Hammond

    Mr. Hammond, 34, has had a mature mixed cataract in his left eye 
since 1982. The visual acuity in his right eye is 20/20, and in his 
left eye, hand motion. Following an examination in 2013, his 
optometrist noted, ``I certify that in my optometric opinion, Mr. 
Hammond has sufficient vision to operate a commercial vehicle.'' Mr. 
Hammond reported that he has driven tractor-trailer combinations for 5 
years, accumulating 600,000 miles. He holds a Class A CDL from Florida. 
His driving record for the last 3 years shows one crash, for which he 
was cited due to careless driving, and one conviction for a moving 
violation in a CMV; he exceeded the speed limit by 10 mph.

Louis E. Henry, Jr.

    Mr. Henry, 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/
100. Following an examination in 2013, his optometrist noted, ``Based 
upon my findings and medical expertise, I Dr. Rashid Omar hereby 
certify Louis Henry to be visually able to safely operate a commercial 
motor vehicle.'' Mr. Henry reported that he has driven straight trucks 
for 32 years, accumulating 1.6 million miles, and tractor-trailer 
combinations for 6 years, accumulating 150,000 miles. He holds a Class 
DMA CDL from Kentucky. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Adam S. Larson

    Mr. Larson, 33, has central opacity 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, 20/70. Following an examination in 2013, 
his ophthalmologist noted, ``In my professional opinion, Mr. Larson has 
normal peripheral vision and can operate a commercial vehicle.'' Mr. 
Larson reported that he has driven straight trucks for 4.5 years, 
accumulating 90,000 miles, and tractor-trailer combinations for 1.5 
months, accumulating 1,600 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.

Sally A. Leavitt

    Ms. Leavitt, 49, has had optic neuropathy in her right eye since 
childhood. The visual acuity in her right eye is 20/50, and in her left 
eye, 20/25. Following an examination in 2012, her ophthalmologist 
noted, ``I certify she has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Ms. Leavitt reported 
that she has driven buses for 4 years, accumulating 16,640 miles. She 
holds a Class C CDL from Nevada. Her driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Glenn H. Lewis, Jr.

    Mr. Lewis, 45, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/70, and in his left eye, 20/20. 
Following an examination in 2013, his optometrist noted, ``In my 
opinion, from past performance and the current vision situation Glenn 
should still be able to operate a commercial vehicle for his 
employment, just as he has done for the past 15 years.'' Mr. Lewis 
reported that he has driven straight trucks for 16 years, accumulating 
3.3 million miles. He holds a Class A CDL from Ohio. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Leonardo Lopez

    Mr. Lopez, 21, has complete loss of vision in his left eye due to a 
traumatic incident during childhood. The visual acuity in his right eye 
is 20/20. Following an examination in 2012, his optometrist noted, ``In 
my medical opinion, Leonardo Lopez seems to have sufficient vision in 
his right eye to perform the visual tasks associated with operating a 
commercial vehicle.'' Mr. Lopez reported that he has driven straight 
trucks for 1 year, accumulating 12,000 miles, and tractor-trailer 
combinations for 2 years, accumulating 80,000 miles. He holds an 
operator's license from Nebraska. His driving record for the last 3 
years shows one crash, to which he did not contribute and for which he 
was not cited, and no convictions for moving violations in a CMV.

Larry P. Magrath

    Mr. Magrath, 49, has had refractive amblyopia in his right eye 
since childhood. 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, ``I believe Larry Magrath has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Magrath 
reported that he has driven straight trucks for 15 years, accumulating 
75,000 miles, tractor-trailer combinations for 1 year, accumulating 
30,000 miles, and buses for 5 years, accumulating 12,500 miles. He 
holds a Class A CDL from Minnesota. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Gilberto D. Miramontes

    Mr. Miramontes, 44, has a retinal detachment in his right eye due 
to a traumatic incident during childhood. The visual acuity in his 
right eye is counting fingers, and in his left eye, 20/20. Following an 
examination in 2012, his ophthalmologist noted, ``In my medical 
opinion, given that Mr. Miramontes has had decreased vision in his 
right eye for many years and that he has driven a commercial vehicle 
with no incidents for four years, that [sic] Mr. Miramontes has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Miramontes reported that he has driven 
tractor-trailer combinations for 4 years, accumulating 208,000 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.

Richard J. Pauxtis

    Mr. Pauxtis, 51, has had a vascular occlusion in his left eye since 
2002. The visual acuity in his right eye is 20/15, and in his left eye, 
20/50. Following an examination in 2013, his optometrist noted, ``Mr. 
Pauxtis has sufficient vision to perform the driving tasks required to 
operate commercial vehicles.'' Mr. Pauxtis reported that he has driven 
tractor-trailer combinations for 38 years,

[[Page 64274]]

accumulating 4.56 million miles. He holds a Class A CDL from Oregon. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Johnny L. Powell

    Mr. Powell, 48, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2013, his optometrist noted, 
``Sufficient VA to perform commercial vehicles.'' Mr. Powell reported 
that he has driven straight trucks for 2 years, accumulating 64,000 
miles, and tractor-trailer combinations for 1 year, accumulating 47,000 
miles. He holds a Class AM CDL from Maryland. His driving record for 
the last 3 years shows no crashes and one conviction for a moving 
violation in a CMV; he was operating a moving vehicle while the 
operator/occupant was not restrained by a seatbelt.

Jacques W. Rainville

    Mr. Rainville, 59, has had amblyopia in his right eye since 
childhood. 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 medical opinion I believe Mr. Rainville has sufficient vision 
to drive a commercial vehicle based on his long driving history and the 
fact his vision has been mostly stable the last 10 years.'' Mr. 
Rainville reported that he has driven tractor-trailer combinations for 
25 years, accumulating 3.75 million miles. He holds a Class A CDL from 
Vermont. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Jeffrey T. Skaggs

    Mr. Skaggs, 38, has complete loss of vision in his right eye due to 
a traumatic incident in 1996. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2013, his optometrist noted, ``Today's examination findings suggest 
that he would be perfectly capable of operation [sic] a commercial 
vehicle without limitations. His left eye has 20/20 vision with and 
without correction. He has full peripheral vision.'' Mr. Skaggs 
reported that he has driven straight trucks for 21 years, accumulating 
1.05 million miles, and tractor-trailer combinations for 4 years, 
accumulating 12,000 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.

Roy A. Whitaker

    Mr. Whitaker, 36, has had refractive amblyopia in his left eye 
since childhood. The visual acuity in his right eye is 20/20, and in 
his left eye, 20/80. Following an examination in 2013, his optometrist 
noted, ``He has refractive amblyopia in his left eye with best 
corrected va [sic] 20/100, he has neglible [sic] rx [sic] in his right 
eye and sees 20/20 . . . He appears to be competent and capable of 
driving a commercial vehicle on our roads and highways.'' Mr. Whitaker 
reported that he has driven straight trucks for 3.5 years, accumulating 
84,000 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.

Sammy D. Wynn

    Mr. Wynn, 55, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is hand motion, and in his left eye, 
20/25. Following an examination in 2013, his optometrist noted, ``It is 
my professional opinion that Mr. Sammy Wynn meets the requirements to 
safely drive any motor vehicle.'' Mr. Wynn reported that he has driven 
straight trucks for 15 years, accumulating 37,500 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.

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 November 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.

Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand 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-2013-0167 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-2013-0167 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

    Issued on: October 16, 2013.
 Larry W. Minor,
 Associate Administration for Policy.
[FR Doc. 2013-25378 Filed 10-25-13; 8:45 am]
BILLING CODE 4910-EX-P