Qualification of Drivers; Exemption Applications; Vision, 1921-1923 [2013-00229]

Download as PDF Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices accumulating 260,000 miles, and tractor-trailer combinations for 12 years, accumulating 24,000 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. Jerry Hall Mr. Hall, 51, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20, and in his left eye, 20/50. Following an examination in 2012, his ophthalmologist noted, ‘‘Mr. Hall’s diagnosis is amblyopia OS which is stable and non-progressive. With these findings he should be able to operate a motor vehicle commercially.’’ Mr. Hall reported that he has driven straight trucks for 7 years, accumulating 84,000 miles, and tractor-trailer combinations for 6 months, accumulating 8,000 miles. He holds a Class D CDL from Kentucky. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. srobinson on DSK4SPTVN1PROD with Jerry L. Parker Mr. Parker, 57, has had a mature cataract in his right eye due to a traumatic incident during childhood. The best corrected visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2012, his optometrist noted, ‘‘Since he received this injury as a child, he has adapted well with head movements to safely drive a commercial vehicle.’’ Mr. Parker reported that he has driven straight trucks for 30 years, accumulating 375,000 miles. He holds an operator’s license from New Mexico. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Colin Passmore Mr. Passmore, 43, has had complete loss of vision in his left eye due to a traumatic incident at age 15. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2012, his optometrist noted, ‘‘In my professional opinion, Colin can safely operate a commercial vehicle. His acuity and visual field are excellent and with the duration of the deficiency he is fully adapted.’’ Mr. Passmore reported that he has driven straight trucks for 4 years, accumulating 200,000 miles. He holds a Class B CDL from Minnesota. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Dennis W. Pevey Mr. Pevey, 56, has had amblyopia in his left eye since childhood. The best VerDate Mar<15>2010 16:39 Jan 08, 2013 Jkt 229001 corrected visual acuity in his right eye is 20/40, and in his left eye, 20/60. Following an examination in 2012, his ophthalmologist noted, ‘‘In my option, this person has sufficient vision to operate a commercial motor vehicle safely.’’ Mr. Pevey reported that he has driven tractor-trailer combinations for 29 years, accumulating 2.32 million miles. He holds a Class A CDL from Georgia. 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. Charles D. Reddick Mr. Reddick, 32, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/70. Following an examination in 2012, his optometrist noted, ‘‘It is my professional opinion that Mr. Charles Reddick has sufficient vision to perform the driving of a commercial vehicle.’’ Mr. Reddick reported that he has driven tractortrailer combinations for 7 years, accumulating 875,000 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. Frank Santak Mr. Santak, 56, has had refractive amblyopia in his right eye since childhood. 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, I believe that Mr. Santak has sufficient vision to perform the driving tasks required to operate a commercial vehicle at this time.’’ Mr. Santak reported that he has driven straight trucks for 27 years, accumulating 202,500 miles. He holds a Class C CDL from Delaware. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Curtis E. Way Mr. Way, 53, has had complete loss of vision in his left eye due to complications during surgery eight years ago. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2012, his optometrist noted, ‘‘He has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Way reported that he has driven straight trucks for 15 years, accumulating 18,000 miles, and tractortrailer combinations for 10 years, accumulating 1.4 million miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 1921 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 February 8, 2013. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: December 28, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–00231 Filed 1–8–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0039] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. AGENCY: FMCSA announces receipt of applications from 13 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision requirement. SUMMARY: Comments must be received on or before February 8, 2013. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2012–0039 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting comments. DATES: E:\FR\FM\09JAN1.SGM 09JAN1 1922 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices srobinson on DSK4SPTVN1PROD with • 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 https:// 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 https:// 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 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 https://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 VerDate Mar<15>2010 16:39 Jan 08, 2013 Jkt 229001 ‘‘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 13 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 Juan Castanon Mr. Castanon, age 46, has complete loss of vision in his right due to a traumatic injury sustained at age 9. The visual acuity in his left eye is 20/20. Following an examination in 2011, his optometrist noted, ‘‘I feel that Mr. Castanon is able to drive a commercial vehicle without glasses safely.’’ Mr. Castanon reported that he has driven straight trucks for 6 years, accumulating 2,304 miles. He holds a Class D operator’s license from New Mexico. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a Commercial Motor Vehicle (CMV). Donald F. Erke Mr. Erke, 70, has had amblyopia in his right eye since childhood. The best corrected visual acuity in his right eye is 20/200, and in his left eye, 20/20. Following an examination in 2011, his optometrist noted, ‘‘It is my medical opinion that Mr. Erke has sufficient vision to perform any and all driving tasks required to operate a commercial vehicle.’’ Mr. Erke reported that he has driven straight trucks for 17 years, accumulating 1.5 million miles and tractor-trailer combinations for 25 years, accumulating 2.3 million miles. He holds a Class A CDL from Michigan. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Ronald D. Flanery Mr. Flanery, 44, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20, and in his left eye, 20/100. Following an examination in 2011, his ophthalmologist noted, ‘‘Based upon my findings and medical expertise, I Daniel Ewen, MD hereby certify Ronald Flanery to be visually able to safely operate a commercial motor vehicle.’’ Mr. Flanery reported that he has driven PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 straight trucks for 15 years, accumulating 465,000 miles and tractortrailer combinations for 5 years, accumulating 1,250 miles. He holds a Class A CDL from Kentucky. His driving record for the last 3 years shows one crash, for which he was not cited and no convictions for moving violations in a CMV. Mark G. Kleinheider Mr. Kleinheider, 48, has a detached retina in his left due to a traumatic injury sustained in 1989. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2011, his ophthalmologist noted, ‘‘It is my medical opinion that Mark has sufficient vision to perform the driving tasks required to operate a commercial motor vehicle.’’ Mr. Kleinheider reported that he has driven straight trucks for 3 years, accumulating 60,000 miles and tractor-trailer combinations for 3 years, accumulating 15,000 miles. He holds a Class A CDL from Missouri. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Joseph C. Powell Mr. Powell, 57, has complete loss of vision in his right due to a traumatic injury sustained 10 years ago. The visual acuity in his left eye is 20/20. Following an examination in 2011, his optometrist noted, ‘‘I certify that, in my medical opinion, Mr. Powell has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Powell reported that he has driven straight trucks for 15 years, accumulating 150,000 miles and tractortrailer combinations for 35 years, accumulating 1.12 million miles. He holds a Class A CDL from Virginia. His driving record for the last 3 years shows no crashes but one conviction for speeding in a CMV; he exceeded the speed limit by 12 mph. David L. Schachle Mr. Schachle, 40, has a prosthetic right eye due to a traumatic injury sustained at 8 months old. The best corrected visual acuity in his left eye is 20/20. Mr. Schachle reported that he has driven straight trucks for 4 years, accumulating 120,000 miles. He holds a Class A CDL from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a Commercial Motor Vehicle (CMV). Michael E. See Mr. See, 55, has complete loss of vision in his right due to a traumatic injury sustained at age 3. The best E:\FR\FM\09JAN1.SGM 09JAN1 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices corrected visual acuity in his left eye is 20/15. Following an examination in 2011, his optometrist noted, ‘‘I believe you have sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. See reported that he has driven straight trucks for 30 years, accumulating 1.2 million miles. He holds a Class B CDL from New York. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James A. Settlemyre Mr. Settlemyre, 59, has had esotropia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20, and in his left eye, 20/60. Following an examination in 2011, his optometrist noted, ‘‘In my medical opinion, I feel James Settlemyre has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Settlemyre reported that he has driven straight trucks for 8 years, accumulating 1 million 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. srobinson on DSK4SPTVN1PROD with Steven K. Simone Mr. Simone, 61, has had keratoconus in his left eye for 30 years. The best corrected visual acuity in his right eye is 20/40, and in his left eye 20/400. Following an examination in 2011, his optometrist noted, ‘‘I feel Steve is sufficient to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Simone reported that he has driven straight trucks for 42 years, accumulating 3.4 million miles. He holds a Class C operator’s license from Kansas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Mark J. Sobczyk Mr. Sobczyk, 25, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20, and in his left eye, 20/200. Following an examination in 2011, his ophthalmologist noted, ‘‘I certify that Mark Sobczyk’s ocular condition is satisfactory for operating commercial vehicles.’’ Mr. Sobczyk reported that he has driven straight trucks for 51⁄2 years, accumulating 206,000 miles. He holds a Class A CDL from Wisconsin. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Richard D. Sparkman Mr. Sparkman, 62, has complete loss of vision in his right due to a traumatic VerDate Mar<15>2010 16:39 Jan 08, 2013 Jkt 229001 injury sustained as a child. The best corrected visual acuity in his left eye is 20/20. Following an examination in 2011, his ophthalmologist noted, ‘‘Based on the above information, I believe the patient has sufficient vision to perform the driving tasks required by his current commercial vehicle.’’ Mr. Sparkman reported that he has driven straight trucks for 10 years, accumulating 520,000 miles. He holds a Class A CDL from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Joshua A. Wheaton Mr. Wheaton, 30, has a detached retina in his left due to a traumatic injury sustained in 1997. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2011, his optometrist noted, ‘‘I feel that Joshua has more than adequate vision to perform any driving tasks required to operate a commercial vehicle.’’ Mr. Wheaton reported that he has driven straight trucks for 5 years, accumulating 225,000 miles. He holds a Class C 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. John K. Wright Mr. Wright, 47, 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 2011, his optometrist noted, ‘‘This meets the vision requirement to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Wright reported that he has driven straight trucks for 31⁄2 years, accumulating 105,000 miles and tractor-trailer combinations for 6 months, accumulating 30,000 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. 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 February 8, 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 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 1923 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: December 28, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–00229 Filed 1–8–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0350] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemption from the diabetes mellitus requirement; request for comments. AGENCY: FMCSA announces receipt of applications from 16 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. SUMMARY: Comments must be received on or before February 8, 2013. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2012–0350 using any of the following methods: • Federal eRulemaking Portal: Go to https://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 https:// www.regulations.gov, including any DATES: E:\FR\FM\09JAN1.SGM 09JAN1

Agencies

[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1921-1923]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00229]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0039]


Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces receipt of applications from 13 individuals 
for exemption from the vision requirement in the Federal Motor Carrier 
Safety Regulations. If granted, the exemptions would enable these 
individuals to qualify as drivers of commercial motor vehicles (CMVs) 
in interstate commerce without meeting the Federal vision requirement.

DATES: Comments must be received on or before February 8, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0039 using any of the 
following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting 
comments.

[[Page 1922]]

     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 https://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 https://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 
https://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 13 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

Juan Castanon

    Mr. Castanon, age 46, has complete loss of vision in his right due 
to a traumatic injury sustained at age 9. The visual acuity in his left 
eye is 20/20. Following an examination in 2011, his optometrist noted, 
``I feel that Mr. Castanon is able to drive a commercial vehicle 
without glasses safely.'' Mr. Castanon reported that he has driven 
straight trucks for 6 years, accumulating 2,304 miles. He holds a Class 
D operator's license from New Mexico. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
Commercial Motor Vehicle (CMV).

Donald F. Erke

    Mr. Erke, 70, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/200, and in his 
left eye, 20/20. Following an examination in 2011, his optometrist 
noted, ``It is my medical opinion that Mr. Erke has sufficient vision 
to perform any and all driving tasks required to operate a commercial 
vehicle.'' Mr. Erke reported that he has driven straight trucks for 17 
years, accumulating 1.5 million miles and tractor-trailer combinations 
for 25 years, accumulating 2.3 million miles. He holds a Class A CDL 
from Michigan. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Ronald D. Flanery

    Mr. Flanery, 44, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20, and in his 
left eye, 20/100. Following an examination in 2011, his ophthalmologist 
noted, ``Based upon my findings and medical expertise, I Daniel Ewen, 
MD hereby certify Ronald Flanery to be visually able to safely operate 
a commercial motor vehicle.'' Mr. Flanery reported that he has driven 
straight trucks for 15 years, accumulating 465,000 miles and tractor-
trailer combinations for 5 years, accumulating 1,250 miles. He holds a 
Class A CDL from Kentucky. His driving record for the last 3 years 
shows one crash, for which he was not cited and no convictions for 
moving violations in a CMV.

Mark G. Kleinheider

    Mr. Kleinheider, 48, has a detached retina in his left due to a 
traumatic injury sustained in 1989. The best corrected visual acuity in 
his right eye is 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``It is my medical opinion that Mark has 
sufficient vision to perform the driving tasks required to operate a 
commercial motor vehicle.'' Mr. Kleinheider reported that he has driven 
straight trucks for 3 years, accumulating 60,000 miles and tractor-
trailer combinations for 3 years, accumulating 15,000 miles. He holds a 
Class A CDL from Missouri. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Joseph C. Powell

    Mr. Powell, 57, has complete loss of vision in his right due to a 
traumatic injury sustained 10 years ago. The visual acuity in his left 
eye is 20/20. Following an examination in 2011, his optometrist noted, 
``I certify that, in my medical opinion, Mr. Powell has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Powell reported that he has driven straight trucks for 
15 years, accumulating 150,000 miles and tractor-trailer combinations 
for 35 years, accumulating 1.12 million miles. He holds a Class A CDL 
from Virginia. His driving record for the last 3 years shows no crashes 
but one conviction for speeding in a CMV; he exceeded the speed limit 
by 12 mph.

David L. Schachle

    Mr. Schachle, 40, has a prosthetic right eye due to a traumatic 
injury sustained at 8 months old. The best corrected visual acuity in 
his left eye is 20/20. Mr. Schachle reported that he has driven 
straight trucks for 4 years, accumulating 120,000 miles. He holds a 
Class A CDL from Pennsylvania. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a 
Commercial Motor Vehicle (CMV).

Michael E. See

    Mr. See, 55, has complete loss of vision in his right due to a 
traumatic injury sustained at age 3. The best

[[Page 1923]]

corrected visual acuity in his left eye is 20/15. Following an 
examination in 2011, his optometrist noted, ``I believe you have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. See reported that he has driven straight 
trucks for 30 years, accumulating 1.2 million miles. He holds a Class B 
CDL from New York. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

James A. Settlemyre

    Mr. Settlemyre, 59, has had esotropia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20, 
and in his left eye, 20/60. Following an examination in 2011, his 
optometrist noted, ``In my medical opinion, I feel James Settlemyre has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Settlemyre reported that he has driven 
straight trucks for 8 years, accumulating 1 million 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.

Steven K. Simone

    Mr. Simone, 61, has had keratoconus in his left eye for 30 years. 
The best corrected visual acuity in his right eye is 20/40, and in his 
left eye 20/400. Following an examination in 2011, his optometrist 
noted, ``I feel Steve is sufficient to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Simone reported that he 
has driven straight trucks for 42 years, accumulating 3.4 million 
miles. He holds a Class C operator's license from Kansas. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Mark J. Sobczyk

    Mr. Sobczyk, 25, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20, and in his 
left eye, 20/200. Following an examination in 2011, his ophthalmologist 
noted, ``I certify that Mark Sobczyk's ocular condition is satisfactory 
for operating commercial vehicles.'' Mr. Sobczyk reported that he has 
driven straight trucks for 5\1/2\ years, accumulating 206,000 miles. He 
holds a Class A CDL from Wisconsin. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Richard D. Sparkman

    Mr. Sparkman, 62, has complete loss of vision in his right due to a 
traumatic injury sustained as a child. The best corrected visual acuity 
in his left eye is 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``Based on the above information, I believe the 
patient has sufficient vision to perform the driving tasks required by 
his current commercial vehicle.'' Mr. Sparkman reported that he has 
driven straight trucks for 10 years, accumulating 520,000 miles. He 
holds a Class A CDL from Pennsylvania. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Joshua A. Wheaton

    Mr. Wheaton, 30, has a detached retina in his left due to a 
traumatic injury sustained in 1997. The visual acuity in his right eye 
is 20/20, and in his left eye, no light perception. Following an 
examination in 2011, his optometrist noted, ``I feel that Joshua has 
more than adequate vision to perform any driving tasks required to 
operate a commercial vehicle.'' Mr. Wheaton reported that he has driven 
straight trucks for 5 years, accumulating 225,000 miles. He holds a 
Class C 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.

John K. Wright

    Mr. Wright, 47, 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 2011, his optometrist 
noted, ``This meets the vision requirement to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Wright reported that he 
has driven straight trucks for 3\1/2\ years, accumulating 105,000 miles 
and tractor-trailer combinations for 6 months, accumulating 30,000 
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.

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 February 8, 2013. Comments will 
be available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The Agency will file comments 
received after the comment closing date in the public docket, and will 
consider them to the extent practicable. In addition to late comments, 
FMCSA will also continue to file, in the public docket, relevant 
information that becomes available after the comment closing date. 
Interested persons should monitor the public docket for new material.

    Issued on: December 28, 2012.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2013-00229 Filed 1-8-13; 8:45 am]
BILLING CODE 4910-EX-P