Qualification of Drivers; Exemption Applications; Vision, 70534-70537 [2012-28574]

Download as PDF 70534 Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Notices His optometrist examined him in 2012 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Connecticut. Mark S. Shepherd Mr. Shepherd, 55, has had ITDM since 1993. His endocrinologist examined him in 2012 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Shepherd understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Shepherd meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2012 and certified that he does not have diabetic retinopathy. He holds a Class D operator’s license from Massachusetts. mstockstill on DSK4VPTVN1PROD with NOTICES L. Everett Stamper Mr. Stamper, 70, has had ITDM since 2010. His endocrinologist examined him in 2012 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Stamper understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Stamper meets the vision requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 2012 and certified that he does not have diabetic retinopathy. He holds an operator’s license from Indiana. Daniel C. Tow Mr. Tow, 41, has had ITDM since 1986. His endocrinologist examined him in 2012 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Tow understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Tow meets the vision VerDate Mar<15>2010 16:24 Nov 23, 2012 Jkt 229001 requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2012 and certified that he has stable proliferative diabetic retinopathy. He holds a Class A CDL from Washington. Vernon F. Walters Mr. Walters, 57, has had ITDM since 2011. His endocrinologist examined him in 2012 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Walters understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Walters meets the vision requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 2012 and certified that he does not have diabetic retinopathy. He holds a Class D operator’s license from Idaho. Christopher M. Young Mr. Young, 26, has had ITDM since 1990. His endocrinologist examined him in 2012 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Young understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Young meets the vision requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 2012 and certified that he does not have diabetic retinopathy. He holds a Class D operator’s license from Oklahoma. 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. We will consider all comments received before the close of business on the closing date indicated in the date section of the notice. FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR Frm 00123 Fmt 4703 Sfmt 4703 Issued on: November 14, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2012–28572 Filed 11–23–12; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Request for Comments PO 00000 52441).1 The revision must provide for individual assessment of drivers with diabetes mellitus, and be consistent with the criteria described in section 4018 of the Transportation Equity Act for the 21st Century (49 U.S.C. 31305). Section 4129 requires: (1) Elimination of the requirement for 3 years of experience operating CMVs while being treated with insulin; and (2) establishment of a specified minimum period of insulin use to demonstrate stable control of diabetes before being allowed to operate a CMV. In response to section 4129, FMCSA made immediate revisions to the diabetes exemption program established by the September 3, 2003 notice. FMCSA discontinued use of the 3-year driving experience and fulfilled the requirements of section 4129 while continuing to ensure that operation of CMVs by drivers with ITDM will achieve the requisite level of safety required of all exemptions granted under 49 U.S.C. 31136(e). Section 4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM are not held to a higher standard than other drivers, with the exception of limited operating, monitoring and medical requirements that are deemed medically necessary. The FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003 notice, except as modified, were in compliance with section 4129(d). Therefore, all of the requirements set out in the September 3, 2003 notice, except as modified by the notice in the Federal Register on November 8, 2005 (70 FR 67777), remain in effect. [Docket No. FMCSA–2012–0337] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. AGENCY: 1 Section 4129(a) refers to the 2003 notice as a ‘‘final rule.’’ However, the 2003 notice did not issue a ‘‘final rule’’ but did establish the procedures and standards for issuing exemptions for drivers with ITDM. E:\FR\FM\26NON1.SGM 26NON1 Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Notices FMCSA announces receipt of applications from 18 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 December 26, 2012. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2012–0337 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 selfaddressed, 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 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:24 Nov 23, 2012 Jkt 229001 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 FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/ E8–785.pdf. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, 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 18 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 Joseph Colecchi Mr. Colecchi, age 27, has had amblyopia in his right eye since birth. 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 optometrist noted, ‘‘In my opinion, Mr. Colecchi has more than adequate vision required to operate a commercial vehicle and there is no reason that he should not continue to receive his CDL.’’ Mr. Colecchi reported that he has driven straight trucks for 8 years, accumulating 80,000 miles, and tractor-trailer combinations for 8 years, accumulating 80,000 miles. He holds a Class AM Commercial Driver’s License (CDL) from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 70535 William A. Donovan Mr. Donovan, 54, has had a cataract in his left eye since childhood due to a traumatic incident. The 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 medical opinion, Mr. Donovan has sufficient vision to perform the driving tasks required to drive a vehicle while on the job.’’ Mr. Donovan reported that he has driven straight trucks for 17 years, accumulating 142,800 miles. He holds an operator’s license from Washington. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Douglas Eamens Mr. Eamens, 51, has had no light perception in his left eye since childhood due to a traumatic incident. 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, ‘‘In my medical opinion, I feel that Mr. Eamens has sufficient vision to operate a commercial vehicle.’’ Mr. Eamens reported that he has driven straight trucks for 5 years, accumulating 300,000 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. Brian Knust Mr. Knust, 47, has had a retinal detachment in his right eye since February 2004. The best corrected visual acuity in his right eye is 20/400, and in his left eye, 20/20. Following an examination in 2012, his optometrist noted, ‘‘Brian Knust, in my medical opinion, has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Knust reported that he has driven straight trucks for 17 years, accumulating 637,500 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. Scott A. Lambertson Mr. Lambertson, 48, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/15, and in his left eye, 20/60. Following an examination in 2011, his optometrist noted, ‘‘There is no reason for me to believe that this patient would have any difficulty performing the driving tasks required to operate a commercial motor vehicle.’’ Mr. Lambertson reported that he has driven E:\FR\FM\26NON1.SGM 26NON1 70536 Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Notices straight trucks for 3 years, accumulating 18,000 miles, and tractor-trailer combinations for 4 years, accumulating 8,000 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. James W. Long Mr. Long, 57, has had a traumatic cataract in his right eye since 1967. 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 optometrist noted, ‘‘Patient has sufficient vision for commercial vehicle operation.’’ Mr. Long reported that he has driven straight trucks for 35 years, accumulating 875,000 miles, and tractor-trailer combinations for 3 years, accumulating 90,000 miles. He holds a Class D operator’s license from Arkansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Dean L. Price Mr. Price, 45, has had amblyopia in his right eye since birth. The best corrected 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, I believe that Dean has the sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Price reported that he has driven straight trucks for 10 years, accumulating 25,000 miles, and tractortrailer combinations for 4 years, averaging 216,000 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. mstockstill on DSK4VPTVN1PROD with NOTICES Roberto Ramos Mr. Ramos, 50, has had amblyopia in his left eye since birth. The best corrected visual acuity in his right eye is 20/20, and in his left eye, 20/100. Following an examination in 2012, his optometrist noted, ‘‘In my opinion, and by DPS state standards, Mr. Ramos has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Ramos reported that he has driven buses for 14 years, accumulating 909,538 miles. He holds a Class B CDL from Texas. His driving record for the last 3 years shows no crashes and one conviction for speeding in a CMV; he exceeded the speed limit by 5 mph. VerDate Mar<15>2010 16:24 Nov 23, 2012 Jkt 229001 Johnie Reed Mr. Reed, 54, has had open angle glaucoma in his right eye since 2008. 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 ophthalmologist noted, ‘‘The patient has sufficient vision to drive a commercial vehicle.’’ Mr. Reed reported that he has driven tractor-trailer combinations for 24 years, accumulating 1.2 million 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. Charles Roudebush Mr. Roudebush, 36, has had a macular scar and amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/200, and in his left eye, 20/25. Following an examination in 2012, his ophthalmologist noted, ‘‘In my opinion, Mr. Roudebush’s retina shows scarring of macula and periphery of right eye. This correlates with longstanding amblyopia. The left was clear of any retinopathy. I feel based on this information that he is able to perform driving tasks to operate a commercial vehicle.’’ Mr. Roudebush reported that he has driven straight trucks for 3 years, accumulating 72,000 miles. He holds Class D 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. Mario G. Sanseverino Mr. Sanseverino, 59, has complete loss of vision in his left eye due to a traumatic incident in 2008. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2012, his optometrist noted, ‘‘Mr. Sanseverino has been operating a commercial vehicle for 3 years post injury to his left eye. He has been accident free during this time. Therefore, I feel he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Sanseverino reported that he has driven straight trucks for 33 years, accumulating 330,000 miles, and tractor-trailer combinations for 33 years, accumulating 1.32 million miles. He holds a Class A CDL from Oklahoma. His driving record for the last 3 years shows no crashes and one conviction for speeding in a CMV; he exceeded the speed limit by 10 mph. Samuel Soles Mr. Soles, 29, has had aphakia and a corneal scar in his right eye since PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 childhood due to a traumatic incident. The best corrected visual acuity in his right eye is light perception only, and in his left eye, 20/20. Following an examination in 2012, his ophthalmologist noted that Mr. Soles ‘‘has full field OS and has the ability to recognize the colors of traffic control signals and devices showing red, green, and amber, and in my opinion has sufficient vision in the left eye to operate a commercial vehicle.’’ Mr. Soles reported that he has driven straight trucks for 4.5 years, accumulating 64,800 miles. He holds a Class C chauffeur license from Michigan. His driving record for the last 3 years shows no crashes and one conviction for speeding in a CMV; he exceeded the speed limit by 5 mph. Joseph Stenberg Mr. Stenberg, 34, has had complete loss of vision in his left eye since 2008 due to a traumatic incident. The best corrected visual acuity in his right eye 20/20. Following an examination in 2012, his optometrist noted, ‘‘In my opinion, Joe has sufficient vision to perform many tasks including driving a commercial motor vehicle.’’ Mr. Stenberg reported that he has driven straight trucks for 16 years, accumulating 720,000 miles, tractortrailer combinations for 11 years, accumulating 770,000 miles, and buses for 4 months, accumulating 8,000 miles. He holds a Class A CDL from Montana. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Karl H. Strangfeld Mr. Strangfeld, 58, has had amblyopia in his left eye since birth. The best corrected visual acuity in his right eye is 20/20, and in his left eye, 20/70. Following an examination in 2012, his optometrist noted, ‘‘In my medical opinion, he has sufficient vision to perform the driving tasks necessary to operate a commercial vehicle.’’ Mr. Strangfeld reported that he has driven straight trucks for 6 years, accumulating 18,000 miles, and tractor-trailer combinations for 6 years, accumulating 90,000 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. Grover C. Taylor Mr. Taylor, 57, has had refractive amblyopia in his left eye since birth. The best corrected visual acuity in his right eye is 20/20, and in his left eye, 20/100. Following an examination in 2012, his optometrist noted, ‘‘In my E:\FR\FM\26NON1.SGM 26NON1 Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Notices opinion and without reservation I believe Mr. Taylor is able to visually perform the task of operating a commercial vehicle.’’ Mr. Taylor reported that he has driven tractortrailer combinations for 3 years, accumulating 111,000 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. Jimmy Van Meter Mr. Van Meter, 63, has had a traumatic cataract and glaucoma since age 15, causing a field defect in his right eye. The best corrected visual acuity in his right eye is 20/25, and in his left eye, 20/30. Following an examination in 2012, his ophthalmologist noted, ‘‘There have been no changes in your visual acuity or visual fields since 2007. It is my opinion that if you have been able to operate a commercial vehicle since that time, then there is no reason to make a change at this time.’’ Mr. Van Meter reported that he has driven tractor-trailer combinations for 44 years, accumulating 5.5 million 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. mstockstill on DSK4VPTVN1PROD with NOTICES Keith Washington Mr. Washington, 55, has had a branch retinal artery occlusion in his right eye since 1985 due to a traumatic incident. 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, ‘‘Patient has sufficient vision to drive and operate a commercial vehicle.’’ Mr. Washington reported that he has driven straight trucks for 6 years, accumulating 366,000 miles, and tractor-trailer combinations for 19 years, accumulating 1.08 million miles. He holds a Class A CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Donald L. Weston Mr. Weston, 39, has had medullated nerve fibers in his right eye since birth. The best corrected visual acuity in his right eye is counting fingers, and in his left eye, 20/20. Following an examination in 2012, his optometrist noted, ‘‘Donald’s right eye alone has about 65% intact visual field and along with the normal vision and full field of his left eye, again I have no concern that Donald will be more than capable of operating a commercial vehicle.’’ Mr. Weston reported that he has driven straight trucks for 7 years, accumulating VerDate Mar<15>2010 18:49 Nov 23, 2012 Jkt 229001 77,000 miles, and buses for 7 months, accumulating 9000 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. 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 December 26, 2012. 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: November 14, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2012–28574 Filed 11–23–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2008–0106; FMCSA– 2008–0174; FMCSA–2008–0292; FMCSA– 2010–0114; FMCSA–2010–0327] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 16 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. SUMMARY: PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 70537 This decision is effective December 17, 2012. Comments must be received on or before December 26, 2012. DATES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [FMCSA–2008–0106; FMCSA–2008– 0174; FMCSA–2008–0292; FMCSA– 2010–0114; FMCSA–2010–0327], 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 or Courier: 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 number for this notice. Note that DOT posts all comments received without change to http:// www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. 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 Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, 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 FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/ E8-785.pdf. ADDRESSES: E:\FR\FM\26NON1.SGM 26NON1

Agencies

[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Notices]
[Pages 70534-70537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28574]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0337]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

-----------------------------------------------------------------------

[[Page 70535]]

SUMMARY: FMCSA announces receipt of applications from 18 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 December 26, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0337 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 FDMS published in 
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit 
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, 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 18 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

Joseph Colecchi

    Mr. Colecchi, age 27, has had amblyopia in his right eye since 
birth. 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 
optometrist noted, ``In my opinion, Mr. Colecchi has more than adequate 
vision required to operate a commercial vehicle and there is no reason 
that he should not continue to receive his CDL.'' Mr. Colecchi reported 
that he has driven straight trucks for 8 years, accumulating 80,000 
miles, and tractor-trailer combinations for 8 years, accumulating 
80,000 miles. He holds a Class AM Commercial Driver's License (CDL) 
from Pennsylvania. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

William A. Donovan

    Mr. Donovan, 54, has had a cataract in his left eye since childhood 
due to a traumatic incident. The 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 medical opinion, Mr. Donovan has sufficient 
vision to perform the driving tasks required to drive a vehicle while 
on the job.'' Mr. Donovan reported that he has driven straight trucks 
for 17 years, accumulating 142,800 miles. He holds an operator's 
license from Washington. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Douglas Eamens

    Mr. Eamens, 51, has had no light perception in his left eye since 
childhood due to a traumatic incident. 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, ``In my 
medical opinion, I feel that Mr. Eamens has sufficient vision to 
operate a commercial vehicle.'' Mr. Eamens reported that he has driven 
straight trucks for 5 years, accumulating 300,000 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.

Brian Knust

    Mr. Knust, 47, has had a retinal detachment in his right eye since 
February 2004. The best corrected visual acuity in his right eye is 20/
400, and in his left eye, 20/20. Following an examination in 2012, his 
optometrist noted, ``Brian Knust, in my medical opinion, has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Knust reported that he has driven straight trucks for 17 
years, accumulating 637,500 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.

Scott A. Lambertson

    Mr. Lambertson, 48, has had amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/15, and in his left 
eye, 20/60. Following an examination in 2011, his optometrist noted, 
``There is no reason for me to believe that this patient would have any 
difficulty performing the driving tasks required to operate a 
commercial motor vehicle.'' Mr. Lambertson reported that he has driven

[[Page 70536]]

straight trucks for 3 years, accumulating 18,000 miles, and tractor-
trailer combinations for 4 years, accumulating 8,000 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.

James W. Long

    Mr. Long, 57, has had a traumatic cataract in his right eye since 
1967. 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 optometrist noted, ``Patient has sufficient vision for commercial 
vehicle operation.'' Mr. Long reported that he has driven straight 
trucks for 35 years, accumulating 875,000 miles, and tractor-trailer 
combinations for 3 years, accumulating 90,000 miles. He holds a Class D 
operator's license from Arkansas. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Dean L. Price

    Mr. Price, 45, has had amblyopia in his right eye since birth. The 
best corrected 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, I believe that Dean has the sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Price reported that he has driven straight trucks for 10 
years, accumulating 25,000 miles, and tractor-trailer combinations for 
4 years, averaging 216,000 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.

Roberto Ramos

    Mr. Ramos, 50, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20, and in his left 
eye, 20/100. Following an examination in 2012, his optometrist noted, 
``In my opinion, and by DPS state standards, Mr. Ramos has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Ramos reported that he has driven buses for 14 years, 
accumulating 909,538 miles. He holds a Class B CDL from Texas. His 
driving record for the last 3 years shows no crashes and one conviction 
for speeding in a CMV; he exceeded the speed limit by 5 mph.

Johnie Reed

    Mr. Reed, 54, has had open angle glaucoma in his right eye since 
2008. 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 
ophthalmologist noted, ``The patient has sufficient vision to drive a 
commercial vehicle.'' Mr. Reed reported that he has driven tractor-
trailer combinations for 24 years, accumulating 1.2 million 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.

Charles Roudebush

    Mr. Roudebush, 36, has had a macular scar and amblyopia in his 
right eye since childhood. The best corrected visual acuity in his 
right eye is 20/200, and in his left eye, 20/25. Following an 
examination in 2012, his ophthalmologist noted, ``In my opinion, Mr. 
Roudebush's retina shows scarring of macula and periphery of right eye. 
This correlates with longstanding amblyopia. The left was clear of any 
retinopathy. I feel based on this information that he is able to 
perform driving tasks to operate a commercial vehicle.'' Mr. Roudebush 
reported that he has driven straight trucks for 3 years, accumulating 
72,000 miles. He holds Class D 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.

Mario G. Sanseverino

    Mr. Sanseverino, 59, has complete loss of vision in his left eye 
due to a traumatic incident in 2008. The best corrected visual acuity 
in his right eye is 20/20. Following an examination in 2012, his 
optometrist noted, ``Mr. Sanseverino has been operating a commercial 
vehicle for 3 years post injury to his left eye. He has been accident 
free during this time. Therefore, I feel he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Sanseverino reported that he has driven straight trucks for 33 
years, accumulating 330,000 miles, and tractor-trailer combinations for 
33 years, accumulating 1.32 million miles. He holds a Class A CDL from 
Oklahoma. His driving record for the last 3 years shows no crashes and 
one conviction for speeding in a CMV; he exceeded the speed limit by 10 
mph.

Samuel Soles

    Mr. Soles, 29, has had aphakia and a corneal scar in his right eye 
since childhood due to a traumatic incident. The best corrected visual 
acuity in his right eye is light perception only, and in his left eye, 
20/20. Following an examination in 2012, his ophthalmologist noted that 
Mr. Soles ``has full field OS and has the ability to recognize the 
colors of traffic control signals and devices showing red, green, and 
amber, and in my opinion has sufficient vision in the left eye to 
operate a commercial vehicle.'' Mr. Soles reported that he has driven 
straight trucks for 4.5 years, accumulating 64,800 miles. He holds a 
Class C chauffeur license from Michigan. His driving record for the 
last 3 years shows no crashes and one conviction for speeding in a CMV; 
he exceeded the speed limit by 5 mph.

Joseph Stenberg

    Mr. Stenberg, 34, has had complete loss of vision in his left eye 
since 2008 due to a traumatic incident. The best corrected visual 
acuity in his right eye 20/20. Following an examination in 2012, his 
optometrist noted, ``In my opinion, Joe has sufficient vision to 
perform many tasks including driving a commercial motor vehicle.'' Mr. 
Stenberg reported that he has driven straight trucks for 16 years, 
accumulating 720,000 miles, tractor-trailer combinations for 11 years, 
accumulating 770,000 miles, and buses for 4 months, accumulating 8,000 
miles. He holds a Class A CDL from Montana. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Karl H. Strangfeld

    Mr. Strangfeld, 58, has had amblyopia in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/20, and in his 
left eye, 20/70. Following an examination in 2012, his optometrist 
noted, ``In my medical opinion, he has sufficient vision to perform the 
driving tasks necessary to operate a commercial vehicle.'' Mr. 
Strangfeld reported that he has driven straight trucks for 6 years, 
accumulating 18,000 miles, and tractor-trailer combinations for 6 
years, accumulating 90,000 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.

Grover C. Taylor

    Mr. Taylor, 57, has had refractive amblyopia in his left eye since 
birth. The best corrected visual acuity in his right eye is 20/20, and 
in his left eye, 20/100. Following an examination in 2012, his 
optometrist noted, ``In my

[[Page 70537]]

opinion and without reservation I believe Mr. Taylor is able to 
visually perform the task of operating a commercial vehicle.'' Mr. 
Taylor reported that he has driven tractor-trailer combinations for 3 
years, accumulating 111,000 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.

Jimmy Van Meter

    Mr. Van Meter, 63, has had a traumatic cataract and glaucoma since 
age 15, causing a field defect in his right eye. The best corrected 
visual acuity in his right eye is 20/25, and in his left eye, 20/30. 
Following an examination in 2012, his ophthalmologist noted, ``There 
have been no changes in your visual acuity or visual fields since 2007. 
It is my opinion that if you have been able to operate a commercial 
vehicle since that time, then there is no reason to make a change at 
this time.'' Mr. Van Meter reported that he has driven tractor-trailer 
combinations for 44 years, accumulating 5.5 million 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.

Keith Washington

    Mr. Washington, 55, has had a branch retinal artery occlusion in 
his right eye since 1985 due to a traumatic incident. 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, 
``Patient has sufficient vision to drive and operate a commercial 
vehicle.'' Mr. Washington reported that he has driven straight trucks 
for 6 years, accumulating 366,000 miles, and tractor-trailer 
combinations for 19 years, accumulating 1.08 million miles. He holds a 
Class A CDL from Illinois. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Donald L. Weston

    Mr. Weston, 39, has had medullated nerve fibers in his right eye 
since birth. The best corrected visual acuity in his right eye is 
counting fingers, and in his left eye, 20/20. Following an examination 
in 2012, his optometrist noted, ``Donald's right eye alone has about 
65% intact visual field and along with the normal vision and full field 
of his left eye, again I have no concern that Donald will be more than 
capable of operating a commercial vehicle.'' Mr. Weston reported that 
he has driven straight trucks for 7 years, accumulating 77,000 miles, 
and buses for 7 months, accumulating 9000 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.

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 December 26, 2012. 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: November 14, 2012.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2012-28574 Filed 11-23-12; 8:45 am]
BILLING CODE 4910-EX-P