Qualification of Drivers; Exemption Applications; Vision, 24798-24802 [2013-09912]

Download as PDF 24798 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Notices 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 B CDL from Washington. Mark A. Stromberg Mr. Stromberg, 56, has had ITDM since 2010. His endocrinologist examined him in 2013 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. Stromberg understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Stromberg 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 Minnesota. erowe on DSK2VPTVN1PROD with NOTICES Daniel J. Wagner Mr. Wagner, 26, has had ITDM since 1998. His endocrinologist examined him in 2013 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. Wagner understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wagner meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2013 and certified that he does not have diabetic retinopathy. He holds a Class C operator’s license from Texas. Andrew J. White Mr. White, 22, has had ITDM since 2004. His endocrinologist examined him in 2013 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. White understands diabetes management and monitoring, VerDate Mar<15>2010 14:46 Apr 25, 2013 Jkt 229001 has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. White meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2013 and certified that he does not have diabetic retinopathy. He holds a Class C operator’s license from Iowa. Michael D. Ziegler Mr. Ziegler, 33, has had ITDM since 2007. 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. Ziegler understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Ziegler meets the requirements of the vision standard at 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 C operator’s license from Pennsylvania. 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. 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 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. 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. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 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 USC. 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. Issued on: April 18, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–09916 Filed 4–25–13; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0027] 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 32 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 May 28, 2013. SUMMARY: E:\FR\FM\26APN1.SGM 26APN1 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Notices You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2013–0027 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 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 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, 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. erowe on DSK2VPTVN1PROD with NOTICES ADDRESSES: VerDate Mar<15>2010 14:46 Apr 25, 2013 Jkt 229001 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 32 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 Deneris G. Allen Mr. Allen, age 48, 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, 20/50. Following an examination in 2012, his optometrist noted, ‘‘Upon further examination, it has been determined that Mr. Allen’s vision is adequate to safely operate commercial vehicles without prescription glasses.’’ Mr. Allen reported that he has driven tractortrailer combinations for 11 years, accumulating 605,000 miles. He holds a Class A Commercial Driver’s License (CDL) from Louisiana. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Terry L. Baker Mr. Baker, 60, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/25, and in his left eye, 20/100. Following an examination in 2012, his optometrist noted, ‘‘Based upon my findings and medical expertise, I A. Badillo hereby certify Terry Baker to be visually able to safely operate a commercial motor vehicle.’’ Mr. Baker reported that he has driven straight trucks for 4 years, accumulating 300,000 miles, and tractor-trailer combinations for 2 months, accumulating 1,500 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. Rocky B. Bentz Mr. Bentz, 31, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 24799 eye, 20/400. Following an examination in 2012, his optometrist noted, ‘‘It is my medical opinion that despite not being 20/40 or better in his left eye, Mr. Bentz is still perfectly capable of operating his commercial vehicle safety, which he has done for a number of years.’’ Mr. Bentz reported that he has driven straight trucks for 6 years, accumulating 66,000 miles. He holds an operator’s license from Wisconsin. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Ryan L. Brown Mr. Brown, 39, has had Coat’s disease in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/400. Following an examination in 2012, his ophthalmologist noted, ‘‘We have examined Ryan Brown since 1984 and he was most recently examined on October 23, 2012, and I feel that he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Brown reported that he has driven straight trucks for 18 years, accumulating 112,320 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. Juan R. Cano Mr. Cano, 37, has had esotropia in his right eye since birth. 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, ‘‘Mr. Cano presents with esotropia since birth [sic]. Visual acuity is stable and has [sic] sufficient vision to perform driving tasks [sic] to operate a commercial vehicle.’’ Mr. Cano reported that he has driven straight trucks for 7 years, accumulating 700,000 miles, and tractor-trailer combinations for 7 years, accumulating 700,000 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. John Cole Mr. Cole, 56, has had idiopathic amblyopia in his right eye since birth. The best corrected visual acuity in his right eye is 20/200, and in his left eye, 20/20. Following an examination in 2013, his optometrist noted, ‘‘It is my medical opinion that John Cole does have sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Cole reported that he has driven straight trucks for 25 years, accumulating 1.2 million miles, E:\FR\FM\26APN1.SGM 26APN1 24800 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Notices and tractor-trailer combinations for 20 years, accumulating 80,000 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. Kenneth Crider Mr. Crider, 47, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/15, and in his left eye, 20/100. Following an examination in 2012, his ophthalmologist noted, ‘‘In my medical opinion, he has sufficient vision to perform the driving tasks required to operate a commercial motor vehicle.’’ Mr. Crider reported that he has driven straight trucks for 12 years, accumulating 428,400 miles. He holds an operator’s license 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. erowe on DSK2VPTVN1PROD with NOTICES Jon R. Gunschel Mr. Gunschel, 58, has had complete loss of vision in his left eye since 1979. The visual acuity in his right eye is 20/ 20, and in his left eye, no light perception. Following an examination in 2013, his ophthalmologist noted, ‘‘I consider Mr. Gunschel to have sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Gunschel reported that he has driven straight trucks for 20 years, accumulating 4,000 miles. He holds an operator’s license from Massachusetts. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Dean Hawley Mr. Hawley, 46, has had complete loss of vision in his left eye due to a traumatic incident in 1989. 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, ‘‘It is my professional opinion that Mr. Hawley’s vision is sufficient to perform the driving tasks necessary to operate a commercial vehicle.’’ Mr. Hawley reported that he has driven straight trucks for 29 years, accumulating 580,000 miles, and tractor-trailer combinations for 20 years, accumulating 400,000 miles. He holds a Class A CDL from North Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Clarence Jones Mr. Jones, 62, has had amblyopia in his right eye since childhood. The best VerDate Mar<15>2010 14:46 Apr 25, 2013 Jkt 229001 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, ‘‘It is my opinion that Mr. Jones has sufficient visual acuity and visual fields to operate a commercial motor vehicle.’’ Mr. Jones reported that he has driven straight trucks for 40 years, accumulating 2.3 million miles, and tractor-trailer combinations for 22 years, accumulating 429,000 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. Cody A. Keys Mr. Keys, 51, has had epiretinal membrane in his right eye since 1989. 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, ‘‘The results from the comprehensive eye exam indicate that Mr. Keys has necessary vision for commercial driving.’’ Mr. Keys reported that he has driven straight trucks for 12 years, accumulating 120,000 miles. He holds an operator’s license from Oklahoma. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Eddie M. Kimble Mr. Kimble, 51, has had vascular blockage in the optic nerve in his left eye since 2003. The best corrected visual acuity in his right eye is 20/20, and in his left eye, 20/80. Following an examination in 2012, his ophthalmologist noted, ‘‘Mr. Kimble has poor vision in the left eye caused by a vascular blockage in the optic nerve * * In my opin [sic], he can safely drive a commercial vehicle.’’ Mr. Kimble reported that he has driven straight trucks for 12 years, accumulating 187,200 miles. He holds an operator’s license from North Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Darrell W. Knorr Mr. Knorr, 71, has had a prosthetic left eye since 1983. 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, this patient has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Knorr reported that he has driven straight trucks for 50 years, PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 accumulating 25,000 miles, and tractortrailer combinations for 25 years, accumulating 300,000. He holds 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. Brandon S. Langston Mr. Langston, 31, has had deprivation amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/200, and in his left eye, 20/20. Following an examination in 2013, his optometrist noted, ‘‘Mr. Langston appears to have the visual ability to operate a commercial vehicle.’’ Mr. Langston reported that he has driven straight trucks for 8 years, accumulating 32,000 miles, and tractor-trailer combinations for 11 years, accumulating 385,000 miles. He holds a Class A CDL from Wyoming. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Joseph C. Lee Mr. Lee, 38, has had a ruptured globe in his left eye since 2002. The best corrected visual acuity in his right eye is 20/20, and in his left eye, counting fingers. Following an examination in 2012, his ophthalmologist noted, ‘‘His visual deficiency is stable. He is able to recognize the colors of traffic control signal [sic] and perform the driving task required to operate commercial vehicle [sic].’’ Mr. Lee reported that he has driven straight trucks for 5 years, accumulating 1.1 million miles, and tractor-trailer combinations for 15 years, accumulating 2.1 million miles. He holds a Class A CDL from Florida. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV; he was following too closely. Anthony Luciano Mr. Luciano, 56, has had a cataract in his left eye since childhood. The best corrected visual acuity in his right eye is 20/15, and in his left eye, hand motion. Following an examination in 2012, his ophthalmologist noted, ‘‘In my medical opinion Mr. Luciano has sufficient vision to operate a commercial vehicle.’’ Mr. Luciano reported that he has driven straight trucks for 35 years, accumulating 350,000 miles. He holds a Class B CDL from Connecticut. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. E:\FR\FM\26APN1.SGM 26APN1 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Notices Todd Marcino Mr. Marcino, 44, has central scotoma in his left eye since birth. The best corrected visual acuity in his right eye is 20/20, and in his left eye, counting fingers. Following an examination in 2012, his ophthalmologist noted, ‘‘Feel patients congenital defect LE is stable. Feel should be able to operate commercial vehicle given normal vision right eye.’’ Mr. Marcino reported that he has driven straight trucks for 3 years, accumulating 12,480 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. David McKinney Mr. McKinney, 48, has had a prosthetic right eye since 1986. The best corrected visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2012, his optometrist noted, ‘‘In my opinion, since this has been a life long deficiency, David has made good adaptations and his vision should be sufficient to operate cars and commercial trucks.’’ Mr. McKinney reported that he has driven straight trucks for 14 years, accumulating 1.4 million miles, and tractor-trailer combinations for 10 years, accumulating 1 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. erowe on DSK2VPTVN1PROD with NOTICES Roger Myers Mr. Myers, 58, has had a prosthetic right eye since childhood. The best corrected visual acuity in his right eye is no light perception, and in his left eye, 20/25. Following an examination in 2013, his optometrist noted, ‘‘It is my opinion that Mr. Myers has the required vision to safely operate a commercial vehicle.’’ Mr. Myers reported that he has driven straight trucks for 10 years, accumulating 100,000 miles, and tractor-trailer combinations for 6 months, accumulating 1,000 miles. He holds a Class B CDL from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Frank L. O’Rourke Mr. O’Rourke, 57, has had a prosthetic left eye since 2009. The best corrected visual acuity in his right eye is 20/25, and in his left eye, no light perception. Following an examination in 2013, his optometrist noted, ‘‘I believe Mr. O’Rourke has sufficient vision and visual field to perform the driving tasks required to operate a commercial VerDate Mar<15>2010 14:46 Apr 25, 2013 Jkt 229001 vehicle.’’ Mr. O’Rourke reported that he has driven straight trucks for 30 years, accumulating 300,000 miles, and tractor-trailer combinations for 30 years, accumulating 3 million 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. Scott Oeder Mr. Oeder, 50, has had a retinal scar in his right eye since childhood. The best corrected visual acuity in his right eye is 20/200, and in his left eye, 20/20. Following an examination in 2012, his optometrist noted, ‘‘He does have sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Oeder reported that he has driven straight trucks for 8 years, accumulating 140,000 miles, and tractor-trailer combinations for 10 years, accumulating 500,000 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. James A. Parker Mr. Parker, 48, has had a macular hole in his left eye since 1993. The best corrected visual acuity in his right eye is 20/20, and in his left eye, 20/200. Following an examination in 2012, his optometrist noted, ‘‘It is my opinion that James Parker has sufficient vision to operate a commercial vehicle.’’ Mr. Parker reported that he has driven straight trucks for 12 years, accumulating 684,000 miles. He holds an operator’s license from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Curtis L. Pattengale Mr. Pattengale, 31, has had complete loss of vision in his left eye since 1991. 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, ‘‘It is my opinion that Mr. Pattengale has sufficient vision to continue as a CDL driver. He will of course need to continue use of the external rear view mirrors as he has been trained.’’ Mr. Pattengale reported that he has driven straight trucks for 7 years, accumulating 54,600 miles. He holds a chauffer’s license from Indiana. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 24801 Gonzalo Pena Mr. Pena, 40, has had a prosthetic right eye since childhood. The best corrected visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2012, his optometrist noted, ‘‘I am confident that the quality of the left eye is appropriate for commercial truck driving requirements.’’ Mr. Pena reported that he has driven tractortrailer combinations for 6 years, accumulating 330,000 miles. He holds a Class A CDL from Florida. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Steven R. Peters Mr. Peters, 59, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/20, and in his left eye, 20/100. Following an examination in 2013, his optometrist noted, ‘‘In my opinion, Steven has sufficient vision to perform his driving task in a commercial vehicle.’’ Mr. Peters reported that he has driven straight trucks for 30 years, accumulating 450,000 miles, and tractor-trailer combinations for 30 years, accumulating 450,000 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. Larry F. Reber Mr. Reber, 72, has had complete loss of vision in his right eye since childhood. The best corrected visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2012, his ophthalmologist noted, ‘‘I would certify, in my medical opinion, that he has sufficient vision to perform the driving task of operating a commercial vehicle which he has been doing for the past 20 years.’’ Mr. Reber reported that he has driven straight trucks for 50 years, accumulating 650,000 miles. He holds a Class A CDL from Ohio. 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. Hoyt V. Smith Mr. Smith, 33, has had amblyopia in his left eye since childhood. The best corrected visual acuity in his right eye is 20/15, and in his left eye, 20/150. Following an examination in 2013, his optometrist noted, ‘‘He has been dealing with the lazy left eye since childhood, and mainly uses his right eye when viewing centrally. In my opinion, I see no valid reason why Mr. Smith cannot E:\FR\FM\26APN1.SGM 26APN1 24802 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Notices continue to use a commercial vehicle to help grow and sustain his business.’’ Mr. Smith reported that he has driven straight trucks for 7 years, accumulating 136,500 miles. He holds an operator’s license from South Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Edward Swaggerty, Jr. Mr. Swaggerty, 47, has had a retinal detachment in his right eye since 1993. The best corrected visual acuity in his right eye is 20/400, and in his left eye, 20/20. Following an examination in 2013, his optometrist noted, ‘‘In my opinion, he has sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Mr. Swaggerty reported that he has driven straight trucks for 29 years, accumulating 1.5 million miles, and tractor-trailer combinations for 20 years, accumulating 1.1 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. James L. Tinsley, Jr. Mr. Tinsley, 54, has had traumatic glaucoma in his right eye since childhood. 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 ophthalmologist noted, ‘‘In my medical opinion, he does have sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Tinsley reported that he has driven straight trucks for 20 years, accumulating 800,000 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. erowe on DSK2VPTVN1PROD with NOTICES Nicholas Turpin Mr. Turpin, 56, 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, 20/60. Following an examination in 2013, his optometrist noted, ‘‘In my opinion, Mr. Turpin has sufficient vision to perform the driving tasks required to operate a commercial vehicle with both eyes.’’ Mr. Turpin reported that he has driven tractor-trailer combinations for 24 years, accumulating 1 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. VerDate Mar<15>2010 14:46 Apr 25, 2013 Jkt 229001 Thomas Ward Mr. Ward, 66, has had a central retinal vein occlusion in his right eye since 2000. The best corrected visual acuity in his right eye is 20/200, and in his left eye, 20/30. Following an examination in 2012, his ophthalmologist noted, ‘‘He is otherwise qualified to operate a commercial vehicle under 49 CFR 391.41(b)(1–13), and in my medical opinion [sic] given the stability and duration of his unilateral vision loss, he should be able to drive safely.’’ Mr. Ward reported that he has driven tractor-trailer combinations for 45 years, accumulating 3.6 million miles. He holds a Class A CDL from Ohio. His driving record for the last 3 years shows one crash for which he was not cited, and three convictions for moving violations in a CMV; he exceeded the speed limit by 6–10 mph, operated an unsafe vehicle, and exceeded the speed limit by 13 mph. Marcus R. Watkins Mr. Watkins, 50, has had a retinal detachment in his left eye since 1998. 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 ophthalmologist noted, ‘‘He has sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Mr. Watkins reported that he has driven straight trucks for 6 years, accumulating 156,000 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. 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 May 28, 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. PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 Issued on: April 12, 2013. Larry W. Minor, Associate Administration for Policy. [FR Doc. 2013–09912 Filed 4–25–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2013–0050] National Emergency Medical Services Advisory Council (NEMSAC); Notice of Federal Advisory Committee Meeting National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation (DOT). ACTION: Meeting Notice—National Emergency Medical Services Advisory Council. AGENCY: The NHTSA announces a meeting of NEMSAC to be held in the Metropolitan Washington, DC, area. This notice announces the date, time, and location of the meeting, which will be open to the public, as well as opportunities for public input to the NEMSAC. The purpose of NEMSAC, a nationally recognized council of emergency medical services representatives and consumers, is to advise and consult with DOT and the Federal Interagency Committee on EMS (FICEMS) on matters relating to emergency medical services (EMS). DATES: The meeting will be held on May 16, 2013, from 8 a.m. to 5:30 p.m. EDT, and on May 17, 2013, from 8 a.m. to 12 p.m. EDT. A public comment period will take place on May 16, 2013 between 3 p.m. and 3:30 p.m. EDT and May 17, 2013 between 10 a.m. and 10:15 a.m. EDT. Written comments from the public must be received no later than May 10, 2013. ADDRESSES: The meeting will be held at the Performance Institute on the third floor of 901 New York Avenue NW., Washington, DC 20001. FOR FURTHER INFORMATION CONTACT: Drew Dawson, Director, U.S. Department of Transportation, Office of Emergency Medical Services, 1200 New Jersey Avenue SE., NTI–140, Washington, DC 20590, telephone number 202–366–9966; email Drew.Dawson@dot.gov. SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the Federal Advisory Committee Act, Public Law 92–463, as amended (5 U.S.C. App.). The NEMSAC is authorized under Section 31108 of the Moving Ahead with Progress in the 21st Century Act of SUMMARY: E:\FR\FM\26APN1.SGM 26APN1

Agencies

[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Notices]
[Pages 24798-24802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09912]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0027]


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 32 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 May 28, 2013.

[[Page 24799]]


ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0027 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 
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 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, 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 32 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

Deneris G. Allen

    Mr. Allen, age 48, 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, 20/50. Following an examination in 2012, his optometrist 
noted, ``Upon further examination, it has been determined that Mr. 
Allen's vision is adequate to safely operate commercial vehicles 
without prescription glasses.'' Mr. Allen reported that he has driven 
tractor-trailer combinations for 11 years, accumulating 605,000 miles. 
He holds a Class A Commercial Driver's License (CDL) from Louisiana. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Terry L. Baker

    Mr. Baker, 60, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/25, and in his left eye, 20/
100. Following an examination in 2012, his optometrist noted, ``Based 
upon my findings and medical expertise, I A. Badillo hereby certify 
Terry Baker to be visually able to safely operate a commercial motor 
vehicle.'' Mr. Baker reported that he has driven straight trucks for 4 
years, accumulating 300,000 miles, and tractor-trailer combinations for 
2 months, accumulating 1,500 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.

Rocky B. Bentz

    Mr. Bentz, 31, has had amblyopia in his left eye since birth. The 
visual acuity in his right eye is 20/20, and in his left eye, 20/400. 
Following an examination in 2012, his optometrist noted, ``It is my 
medical opinion that despite not being 20/40 or better in his left eye, 
Mr. Bentz is still perfectly capable of operating his commercial 
vehicle safety, which he has done for a number of years.'' Mr. Bentz 
reported that he has driven straight trucks for 6 years, accumulating 
66,000 miles. He holds an operator's license from Wisconsin. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Ryan L. Brown

    Mr. Brown, 39, has had Coat's disease in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/400. Following an examination in 2012, his ophthalmologist 
noted, ``We have examined Ryan Brown since 1984 and he was most 
recently examined on October 23, 2012, and I feel that he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Brown reported that he has driven straight 
trucks for 18 years, accumulating 112,320 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.

Juan R. Cano

    Mr. Cano, 37, has had esotropia in his right eye since birth. 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, ``Mr. Cano presents with esotropia since birth [sic]. Visual 
acuity is stable and has [sic] sufficient vision to perform driving 
tasks [sic] to operate a commercial vehicle.'' Mr. Cano reported that 
he has driven straight trucks for 7 years, accumulating 700,000 miles, 
and tractor-trailer combinations for 7 years, accumulating 700,000 
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.

John Cole

    Mr. Cole, 56, has had idiopathic amblyopia in his right eye since 
birth. The best corrected visual acuity in his right eye is 20/200, and 
in his left eye, 20/20. Following an examination in 2013, his 
optometrist noted, ``It is my medical opinion that John Cole does have 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Cole reported that he has driven straight 
trucks for 25 years, accumulating 1.2 million miles,

[[Page 24800]]

and tractor-trailer combinations for 20 years, accumulating 80,000 
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.

Kenneth Crider

    Mr. Crider, 47, 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/
100. Following an examination in 2012, his ophthalmologist noted, ``In 
my medical opinion, he has sufficient vision to perform the driving 
tasks required to operate a commercial motor vehicle.'' Mr. Crider 
reported that he has driven straight trucks for 12 years, accumulating 
428,400 miles. He holds an operator's license 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.

Jon R. Gunschel

    Mr. Gunschel, 58, has had complete loss of vision in his left eye 
since 1979. The visual acuity in his right eye is 20/20, and in his 
left eye, no light perception. Following an examination in 2013, his 
ophthalmologist noted, ``I consider Mr. Gunschel to have sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Gunschel reported that he has driven straight trucks for 
20 years, accumulating 4,000 miles. He holds an operator's license from 
Massachusetts. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Dean Hawley

    Mr. Hawley, 46, has had complete loss of vision in his left eye due 
to a traumatic incident in 1989. 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, ``It is my 
professional opinion that Mr. Hawley's vision is sufficient to perform 
the driving tasks necessary to operate a commercial vehicle.'' Mr. 
Hawley reported that he has driven straight trucks for 29 years, 
accumulating 580,000 miles, and tractor-trailer combinations for 20 
years, accumulating 400,000 miles. He holds a Class A CDL from North 
Carolina. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Clarence Jones

    Mr. Jones, 62, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/400, and in his 
left eye, 20/20. Following an examination in 2012, his optometrist 
noted, ``It is my opinion that Mr. Jones has sufficient visual acuity 
and visual fields to operate a commercial motor vehicle.'' Mr. Jones 
reported that he has driven straight trucks for 40 years, accumulating 
2.3 million miles, and tractor-trailer combinations for 22 years, 
accumulating 429,000 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.

Cody A. Keys

    Mr. Keys, 51, has had epiretinal membrane in his right eye since 
1989. 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, ``The results from the comprehensive eye exam 
indicate that Mr. Keys has necessary vision for commercial driving.'' 
Mr. Keys reported that he has driven straight trucks for 12 years, 
accumulating 120,000 miles. He holds an operator's license from 
Oklahoma. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Eddie M. Kimble

    Mr. Kimble, 51, has had vascular blockage in the optic nerve in his 
left eye since 2003. The best corrected visual acuity in his right eye 
is 20/20, and in his left eye, 20/80. Following an examination in 2012, 
his ophthalmologist noted, ``Mr. Kimble has poor vision in the left eye 
caused by a vascular blockage in the optic nerve * * In my opin [sic], 
he can safely drive a commercial vehicle.'' Mr. Kimble reported that he 
has driven straight trucks for 12 years, accumulating 187,200 miles. He 
holds an operator's license from North Carolina. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Darrell W. Knorr

    Mr. Knorr, 71, has had a prosthetic left eye since 1983. 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, this patient has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Knorr reported that he has driven straight trucks for 50 years, 
accumulating 25,000 miles, and tractor-trailer combinations for 25 
years, accumulating 300,000. He holds 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.

Brandon S. Langston

    Mr. Langston, 31, has had deprivation amblyopia in his left eye 
since childhood. The best corrected visual acuity in his right eye is 
20/200, and in his left eye, 20/20. Following an examination in 2013, 
his optometrist noted, ``Mr. Langston appears to have the visual 
ability to operate a commercial vehicle.'' Mr. Langston reported that 
he has driven straight trucks for 8 years, accumulating 32,000 miles, 
and tractor-trailer combinations for 11 years, accumulating 385,000 
miles. He holds a Class A CDL from Wyoming. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Joseph C. Lee

    Mr. Lee, 38, has had a ruptured globe in his left eye since 2002. 
The best corrected visual acuity in his right eye is 20/20, and in his 
left eye, counting fingers. Following an examination in 2012, his 
ophthalmologist noted, ``His visual deficiency is stable. He is able to 
recognize the colors of traffic control signal [sic] and perform the 
driving task required to operate commercial vehicle [sic].'' Mr. Lee 
reported that he has driven straight trucks for 5 years, accumulating 
1.1 million miles, and tractor-trailer combinations for 15 years, 
accumulating 2.1 million miles. He holds a Class A CDL from Florida. 
His driving record for the last 3 years shows no crashes and one 
conviction for a moving violation in a CMV; he was following too 
closely.

Anthony Luciano

    Mr. Luciano, 56, has had a cataract in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/15, 
and in his left eye, hand motion. Following an examination in 2012, his 
ophthalmologist noted, ``In my medical opinion Mr. Luciano has 
sufficient vision to operate a commercial vehicle.'' Mr. Luciano 
reported that he has driven straight trucks for 35 years, accumulating 
350,000 miles. He holds a Class B CDL from Connecticut. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

[[Page 24801]]

Todd Marcino

    Mr. Marcino, 44, has central scotoma in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/20, and in his 
left eye, counting fingers. Following an examination in 2012, his 
ophthalmologist noted, ``Feel patients congenital defect LE is stable. 
Feel should be able to operate commercial vehicle given normal vision 
right eye.'' Mr. Marcino reported that he has driven straight trucks 
for 3 years, accumulating 12,480 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.

David McKinney

    Mr. McKinney, 48, has had a prosthetic right eye since 1986. The 
best corrected visual acuity in his right eye is no light perception, 
and in his left eye, 20/20. Following an examination in 2012, his 
optometrist noted, ``In my opinion, since this has been a life long 
deficiency, David has made good adaptations and his vision should be 
sufficient to operate cars and commercial trucks.'' Mr. McKinney 
reported that he has driven straight trucks for 14 years, accumulating 
1.4 million miles, and tractor-trailer combinations for 10 years, 
accumulating 1 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.

Roger Myers

    Mr. Myers, 58, has had a prosthetic right eye since childhood. The 
best corrected visual acuity in his right eye is no light perception, 
and in his left eye, 20/25. Following an examination in 2013, his 
optometrist noted, ``It is my opinion that Mr. Myers has the required 
vision to safely operate a commercial vehicle.'' Mr. Myers reported 
that he has driven straight trucks for 10 years, accumulating 100,000 
miles, and tractor-trailer combinations for 6 months, accumulating 
1,000 miles. He holds a Class B CDL from Pennsylvania. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Frank L. O'Rourke

    Mr. O'Rourke, 57, has had a prosthetic left eye since 2009. The 
best corrected visual acuity in his right eye is 20/25, and in his left 
eye, no light perception. Following an examination in 2013, his 
optometrist noted, ``I believe Mr. O'Rourke has sufficient vision and 
visual field to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. O'Rourke reported that he has driven straight 
trucks for 30 years, accumulating 300,000 miles, and tractor-trailer 
combinations for 30 years, accumulating 3 million 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.

Scott Oeder

    Mr. Oeder, 50, has had a retinal scar in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/200, 
and in his left eye, 20/20. Following an examination in 2012, his 
optometrist noted, ``He does have sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Oeder 
reported that he has driven straight trucks for 8 years, accumulating 
140,000 miles, and tractor-trailer combinations for 10 years, 
accumulating 500,000 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.

James A. Parker

    Mr. Parker, 48, has had a macular hole in his left eye since 1993. 
The best corrected visual acuity in his right eye is 20/20, and in his 
left eye, 20/200. Following an examination in 2012, his optometrist 
noted, ``It is my opinion that James Parker has sufficient vision to 
operate a commercial vehicle.'' Mr. Parker reported that he has driven 
straight trucks for 12 years, accumulating 684,000 miles. He holds an 
operator's license from Pennsylvania. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Curtis L. Pattengale

    Mr. Pattengale, 31, has had complete loss of vision in his left eye 
since 1991. 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, ``It is my opinion that Mr. Pattengale has 
sufficient vision to continue as a CDL driver. He will of course need 
to continue use of the external rear view mirrors as he has been 
trained.''
    Mr. Pattengale reported that he has driven straight trucks for 7 
years, accumulating 54,600 miles. He holds a chauffer's license from 
Indiana. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Gonzalo Pena

    Mr. Pena, 40, has had a prosthetic right eye since childhood. The 
best corrected visual acuity in his right eye is no light perception, 
and in his left eye, 20/20. Following an examination in 2012, his 
optometrist noted, ``I am confident that the quality of the left eye is 
appropriate for commercial truck driving requirements.'' Mr. Pena 
reported that he has driven tractor-trailer combinations for 6 years, 
accumulating 330,000 miles. He holds a Class A CDL from Florida. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Steven R. Peters

    Mr. Peters, 59, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20, and in his 
left eye, 20/100. Following an examination in 2013, his optometrist 
noted, ``In my opinion, Steven has sufficient vision to perform his 
driving task in a commercial vehicle.'' Mr. Peters reported that he has 
driven straight trucks for 30 years, accumulating 450,000 miles, and 
tractor-trailer combinations for 30 years, accumulating 450,000 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.

Larry F. Reber

    Mr. Reber, 72, has had complete loss of vision in his right eye 
since childhood. The best corrected visual acuity in his right eye is 
no light perception, and in his left eye, 20/20. Following an 
examination in 2012, his ophthalmologist noted, ``I would certify, in 
my medical opinion, that he has sufficient vision to perform the 
driving task of operating a commercial vehicle which he has been doing 
for the past 20 years.'' Mr. Reber reported that he has driven straight 
trucks for 50 years, accumulating 650,000 miles. He holds a Class A CDL 
from Ohio. 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.

Hoyt V. Smith

    Mr. Smith, 33, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/15, and in his 
left eye, 20/150. Following an examination in 2013, his optometrist 
noted, ``He has been dealing with the lazy left eye since childhood, 
and mainly uses his right eye when viewing centrally. In my opinion, I 
see no valid reason why Mr. Smith cannot

[[Page 24802]]

continue to use a commercial vehicle to help grow and sustain his 
business.'' Mr. Smith reported that he has driven straight trucks for 7 
years, accumulating 136,500 miles. He holds an operator's license from 
South Carolina. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Edward Swaggerty, Jr.

    Mr. Swaggerty, 47, has had a retinal detachment in his right eye 
since 1993. The best corrected visual acuity in his right eye is 20/
400, and in his left eye, 20/20. Following an examination in 2013, his 
optometrist noted, ``In my opinion, he has sufficient vision to perform 
driving tasks required to operate a commercial vehicle.'' Mr. Swaggerty 
reported that he has driven straight trucks for 29 years, accumulating 
1.5 million miles, and tractor-trailer combinations for 20 years, 
accumulating 1.1 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.

James L. Tinsley, Jr.

    Mr. Tinsley, 54, has had traumatic glaucoma in his right eye since 
childhood. 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 ophthalmologist noted, ``In my medical opinion, he does 
have sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Tinsley reported that he has driven 
straight trucks for 20 years, accumulating 800,000 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.

Nicholas Turpin

    Mr. Turpin, 56, 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, 20/60. Following an examination in 2013, his optometrist noted, 
``In my opinion, Mr. Turpin has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle with both 
eyes.'' Mr. Turpin reported that he has driven tractor-trailer 
combinations for 24 years, accumulating 1 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.

Thomas Ward

    Mr. Ward, 66, has had a central retinal vein occlusion in his right 
eye since 2000. The best corrected visual acuity in his right eye is 
20/200, and in his left eye, 20/30. Following an examination in 2012, 
his ophthalmologist noted, ``He is otherwise qualified to operate a 
commercial vehicle under 49 CFR 391.41(b)(1-13), and in my medical 
opinion [sic] given the stability and duration of his unilateral vision 
loss, he should be able to drive safely.'' Mr. Ward reported that he 
has driven tractor-trailer combinations for 45 years, accumulating 3.6 
million miles. He holds a Class A CDL from Ohio. His driving record for 
the last 3 years shows one crash for which he was not cited, and three 
convictions for moving violations in a CMV; he exceeded the speed limit 
by 6-10 mph, operated an unsafe vehicle, and exceeded the speed limit 
by 13 mph.

Marcus R. Watkins

    Mr. Watkins, 50, has had a retinal detachment in his left eye since 
1998. 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 ophthalmologist noted, ``He has sufficient vision to perform 
driving tasks required to operate a commercial vehicle.'' Mr. Watkins 
reported that he has driven straight trucks for 6 years, accumulating 
156,000 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.

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 May 28, 2013. Comments will be 
available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The Agency will file comments 
received after the comment closing date in the public docket, and will 
consider them to the extent practicable.
    In addition to late comments, FMCSA will also continue to file, in 
the public docket, relevant information that becomes available after 
the comment closing date. Interested persons should monitor the public 
docket for new material.

    Issued on: April 12, 2013.
Larry W. Minor,
Associate Administration for Policy.
[FR Doc. 2013-09912 Filed 4-25-13; 8:45 am]
BILLING CODE 4910-EX-P