Qualification of Drivers; Exemption Applications; Vision, 63302-63307 [2013-24763]

Download as PDF 63302 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. emcdonald on DSK67QTVN1PROD with NOTICES Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 5 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (76 FR 40445; 76 FR 53710). Each of these 5 applicants has requested renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption requirements. These factors provide an adequate basis for predicting each driver’s ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. Request for Comments FMCSA will review comments received at any time concerning a particular driver’s safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by November 22, 2013. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially granting the renewal and then requesting and evaluating, if needed, subsequent comments submitted by interested parties. As indicated above, the Agency previously published notices of final disposition announcing its decision to exempt these 5 individuals from the vision requirement in 49 CFR 391.41(b)(10). The final decision to grant an exemption to each of these individuals was made on the VerDate Mar<15>2010 18:13 Oct 22, 2013 Jkt 232001 merits of each case and made only after careful consideration of the comments received to its notices of applications. The notices of applications stated in detail the qualifications, experience, and medical condition of each applicant for an exemption from the vision requirements. That information is available by consulting the above cited Federal Register publications. Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket numbers FMCSA–2011–0141 and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. We will consider all comments and material received during the comment period and may change this proposed rule based on your comments. FMCSA may issue a final rule at any time after the close of the comment period. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, To submit your comment online, go to http://www.regulations.gov and in the PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 search box insert the docket number FMCSA–2011–0141 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to the proposed rulemaking. Issued on: September 24, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–24762 Filed 10–22–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0168] 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 38 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce. DATES: Comments must be received on or before November 22, 2013. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2013–0168 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note SUMMARY: E:\FR\FM\23OCN1.SGM 23OCN1 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the 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: emcdonald on DSK67QTVN1PROD with NOTICES 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 38 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. VerDate Mar<15>2010 18:13 Oct 22, 2013 Jkt 232001 Qualifications of Applicants Ernest J. Bachman Mr. Bachman, age 50, has complete loss of vision in his right eye due to a traumatic incident in 1975. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2013, his optometrist noted, ‘‘In my opinion he has sufficient vision to operate a commercial vehicle.’’ Mr. Bachman reported that he has driven straight trucks for 32 years, accumulating 6,400 miles, and tractor-trailer combinations for 32 years, accumulating 12,800 miles. He holds a Class A Commercial Driver’s License (CDL) from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. A. Wayne Barker Mr. Barker, 70, has had a retinal detachment in his right eye since 2010. The visual acuity in his right eye is counting fingers, and in his left eye, 20/ 20. Following an examination in 2013, his ophthalmologist noted, ‘‘In my medical opinion, Wayne has sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Mr. Barker reported that he has driven straight trucks for 52 years, accumulating 1.3 million miles, and tractor-trailer combinations for 49 years, accumulating 2.2 million miles. He holds a Class A CDL from Oklahoma. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Edgar G. Baxter Mr. Baxter, 74, has had a vascular occlusion in his left eye since 2010. The visual acuity in his right eye is 20/30, and in his left eye, 20/200. Following an examination in 2013, his optometrist noted, ‘‘I certify that, in my medical opinion, this patient has sufficient vision to operate a commercial motor vehicle.’’ Mr. Baxter reported that he has driven tractor-trailer combinations for 32 years, accumulating 4.16 million 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. Jason W. Bowers Mr. Bowers, 26, has had Coat’s disease in his right eye since childhood. The visual acuity in his right eye is no light perception, and in his left eye, 20/ 20. Following an examination in 2013, his optometrist noted, ‘‘This patient has sufficient vision to perform the driving tasks required to operate a commercial PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 63303 vehicle.’’ Mr. Bowers reported that he has driven tractor-trailer combinations for 3 years, accumulating 75,000 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. Scott Brady Mr. Brady, 47, has had a central vein occlusion in his right eye since 2010. The visual acuity in his right eye is light perception, and in his left eye, 20/20. Following an examination in 2013, his optometrist noted, ‘‘In my medical opinion, Mr. Brady has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Brady reported that he has driven straight trucks for 6 years, accumulating 108,000 miles, and tractor-trailer combinations for 11 years, accumulating 198,000 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. Ronald A. Cleaver, Jr. Mr. Cleaver, 24, has had anisometropic amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/100. Following an examination in 2013, his ophthalmologist noted, ‘‘His current degree of peripheral vision and good best-corrected acuity in his right eye should allow him to be safe operating a commercial vehicle.’’ Mr. Cleaver reported that he has driven straight trucks for 10 years, accumulating 17,500 miles, and tractortrailer combinations for 2 years, accumulating 2,000 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. Eric V. DeFrancesco Mr. DeFrancesco, 35, has had aniosometropic amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/60, and in his left eye, 20/20. Following an examination in 2013, his ophthalmologist noted, ‘‘It is my medical opinion within a reasonable degree of medical certainty that he has sufficient visual ability to perform all of the driving tasks required to operate a commercial vehicle.’’ Mr. DeFrancesco reported that he has driven straight trucks for 5.5 years, accumulating 137,500 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. E:\FR\FM\23OCN1.SGM 23OCN1 63304 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices Matthew A. Eck Mr. Eck, 60, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/200, and in his left eye, 20/20. Following an examination in 2013, his optometrist noted, ‘‘In summary, Mr. Eck’s amblyopia with his right eye is longstanding and stable, and in my opinion, he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Eck reported that he has driven straight trucks for 37 years, accumulating 222,000 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. David E. Ferris Mr. Ferris, 70, has had complete loss of vision in his right eye since 1991. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2013, his ophthalmologist noted, ‘‘I, therefore, certify that in my medical opinion, the patient has sufficient vision to perform his driving tasks to operate a commercial vehicle.’’ Mr. Ferris reported that he has driven straight trucks for 47.5 years, accumulating 1.19 million miles, and tractor-trailer combinations for 10 years, accumulating 1 million 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. emcdonald on DSK67QTVN1PROD with NOTICES George M. Hapchuk Mr. Hapchuk, 59, has had strabismic amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/200. Following an examination in 2012, his optometrist noted, ‘‘It is my impression that George Hapchuk has adequate vision to perform the tasks to operate a commercial vehicle.’’ Mr. Hapchuk reported that he has driven straight trucks for 38 years, accumulating 1.2 million miles. He holds a Class BM CDL from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James L. Hawthorne Mr. Hawthorne, 51, has a prosthetic right eye due to a traumatic incident during childhood. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2013, his optometrist noted, ‘‘James Hawthorne . . . truck driver . . . Prosthetic right eye. The left eye’s field is normal . . . Applicant should be good to drive with VerDate Mar<15>2010 18:13 Oct 22, 2013 Jkt 232001 appropriate head turn adjustments and with caution.’’ Mr. Hawthorne reported that he has driven straight trucks for 32 years, accumulating 800,000 miles and tractor-trailer combinations for 32 years, accumulating 1.12 million miles. He holds a Class AM CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Johnny D. Ivey Mr. Ivey, 71, has had glaucoma in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, counting fingers. Following an examination in 2013, his ophthalmologist noted, ‘‘His visual defect is long standing (since childhood) in the left eye and does not affect his ability to drive safely. He can drive a commercial tractor trailer [sic].’’ Mr. Ivey reported that he has driven tractortrailer combinations for 25 years, accumulating 1.42 million miles. He holds a Class A CDL from North Carolina. 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. Darryl H. Johnson Mr. Johnson, 50, has had a hemorrhage in his left eye for 40 years. The visual acuity in his right eye is 20/ 15, and in his left eye, 20/100. Following an examination in 2013, his ophthalmologist noted, ‘‘Therefore, for the past 15 years, this patient has successfully operated a commercial vehicle with 20/15 vision in the right eye and less than 20/200 vision in the left eye. The current status of the left eye is such that it is not likely that any form of visual rehabilitation will be possible. So for the future, the patient will operate with 20/15 vision in the right eye, and less than 20/200 vision in the left eye, which has been successful for him with respect to his operating a commercial vehicle for 15 years. This letter is to request a waver [sic] for the visual requirements for binocular vision for this particular patient, who has been quite successful with his current level of vision which is expected to be stable in the future.’’ Mr. Johnson reported that he has driven straight trucks for 2 years, accumulating 20,000 miles, and tractortrailer combinations for 22 years, accumulating 3.3 million miles. He holds a Class A CDL from West Virginia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. David Jones Mr. Jones, 49, has a prosthetic right eye due to a traumatic incident during PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 childhood. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2013, his optometrist noted, ‘‘It is in my professional opinion that Mr. Jones has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Jones reported that he has driven straight trucks for 2.5 years, accumulating 25,000 miles. He holds a Class B CDL from Florida. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Thomas L. Kitchen Mr. Kitchen, 54, has been nearsighted in his right eye since childhood. The visual acuity in his right eye is 20/300, and in his left eye, 20/20. Following an examination in 2012, his ophthalmologist noted, ‘‘Even though Mr. Kitchen’s vision does not meet normal standards for a commercial driver’s license, his vision has been in the same range for many years and I believe that his vision is sufficient for operating a commercial vehicle.’’ Mr. Kitchen reported that he has driven straight trucks for 27 years, accumulating 2.36 million miles, and tractor-trailer combinations for 27 years, accumulating 2.36 million miles. He holds a Class A CDL from Virginia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Wayne C. Knighton Mr. Knighton, 54, has had maculopathy in his right eye since 2009. The visual acuity in his right eye is 20/ 200, and in his left eye, 20/15. Following an examination in 2013, his optometrist noted, ‘‘In my medical opinion Mr. Knighton has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Knighton reported that he has driven straight trucks for 30 years, accumulating 360,000 miles. He holds a Class B CDL from Nevada. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Brandon C. Koopman Mr. Koopman, 29, has aphakia and a corneal scar in his left eye due to a traumatic incident during childhood. The visual acuity in his right eye is 20/ 20, and in his left eye, counting fingers. Following an examination in 2013, his ophthalmologist noted, ‘‘Vision is stable. Vision in the left eye is limited due to long standing injury as a child. Brandon has adapted to this and has functioned normally throughout life. He has excellent eye health in his right eye. E:\FR\FM\23OCN1.SGM 23OCN1 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices While the ultimate decision rests on the DOT in my opinion Brandon has sufficient visual capacity to perform driving tasks and operate a commercial vehicle.’’ Mr. Koopman reported that he has driven straight trucks for 8 years, accumulating 4,000 miles. He holds an operator’s license from Nebraska. Her driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. David G. Lamborn Mr. Lamborn, 61, has had a branch retinal vein occlusion in his left eye since 2003. The visual acuity in his right eye is 20/20, and in his left eye, 20/50. Following an examination in 2013, his optometrist noted, ‘‘In my opinion, Mr. Lamborn presents with sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Lamborn reported that he has driven straight trucks for 1.5 years, accumulating 180,000 miles, tractortrailer combinations for 6 months, accumulating 12,000 miles, and buses for 2 years, accumulating 36,000 miles. He holds a Class AM CDL from North Dakota. His driving record for the last 3 years shows one crash, for which he was not cited and to which he did not contribute, and no convictions for moving violations in a CMV. emcdonald on DSK67QTVN1PROD with NOTICES Robert A. Marks Mr. Marks, 52, has had ocular toxoplasmosis 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 2013, his ophthalmologist noted, ‘‘Mr. Marks has sufficient vision to perform driving tasks to operate a commercial vehicle.’’ Mr. Marks reported that he has driven straight trucks for 22 years, accumulating 44,000 miles. He holds an operator’s license from West Virginia. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV; he exceeded the speed limit by 10 mph. Stephen R. Marshall Mr. Marshall, 47, has complete loss of vision in his right eye due to a traumatic incident during childhood. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2013, his optometrist noted, ‘‘In my opinion, Mr. Marshall does have sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Marshall reported that he has driven tractor-trailer combinations for 29 years, accumulating 5 million miles. He holds an operator’s license from Mississippi. His driving record for the last 3 years VerDate Mar<15>2010 18:13 Oct 22, 2013 Jkt 232001 shows no crashes and no convictions for moving violations in a CMV. Edgar H. Meraz Mr. Meraz, 32, has had a macular hole in his left eye since 2004. The visual acuity in his right eye is 20/15, and in his left eye, 20/200. Following an examination in 2013, his ophthalmologist noted, ‘‘I believe that Mr. Meraz has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Meraz reported that he has driven straight trucks for 14 years, accumulating 70,000 miles, and tractortrailer combinations for 12 years, accumulating 180,000 miles. He holds a Class A CDL from New Mexico. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Ralph Reno Mr. Reno, 55, has had central serous retinopathy in his right eye since 2003. The visual acuity in his right eye is 20/ 50, and in his left eye, 20/20. Following an examination in 2012, his ophthalmologist noted, ‘‘The Goldmann visual field shows a horizontal field of 140 degrees and vertical field of 130 degrees in the right and left eyes individually and together. As such, his left eye is able to compensate for the right eye so that his overall visual function is good and Mr. Reno should be able to continue in his occupation driving a commercial vehicle without restriction with his vision deficiency.’’ Mr. Reno reported that he has driven straight trucks for 26 years, accumulating 468,000 miles. He holds an operator’s license from New Jersey. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Glennis R. Reynolds Mr. Reynolds, 48, has a macular scar in his right eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/200, and in his left eye, 20/20. Following an examination in 2013, his optometrist noted, ‘‘Based upon my findings and medical expertise, I Ellen M. Grubb, O.D. hereby certify Glennis Reynolds to be visually able to safely operate a commercial motor vehicle.’’ Mr. Reynolds reported that he has driven tractor-trailer combinations for 28 years, accumulating 2.8 million 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. PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 63305 Joseph B. Saladino Mr. Saladino, 43, has had a retinal detachment in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/300. Following an examination in 2013, his ophthalmologist noted, ‘‘I certify that the patient meets and/or exceeds the visual requirements to perform driving tasks required to operate a commercial vehicle.’’ Mr. Saladino reported that he has driven straight trucks for 24 years, accumulating 960,000 miles, and tractor-trailer combinations for 24 years, accumulating 960,000 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. Carlos M. Saravia Mr. Saravia, 39, has a chorioretinal scar in his right eye due to a traumatic injury during childhood. The visual acuity in his right eye is 20/200, and in his left eye, 20/20. Following an examination in 2013, his ophthalmologist noted, ‘‘In my professional opinion, I feel that he has sufficient vision to perform the driving tasks required to operate a commercial vehicle at this time.’’ Mr. Saravia reported that he has driven straight trucks for 4 years, accumulating 32,000 miles. He holds an operator’s license from Maryland. His driving record for the last 3 years shows no crashes and one conviction for a moving violation in a CMV; he failed to obey instructions at a traffic control device. Glen M. Schulz Mr. Schulz, 64, 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 2013, his optometrist noted, ‘‘I believe that his vision is sufficient to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Schulz reported that he has driven straight trucks for 39 years, accumulating 682,500 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. Steve W. Scott Mr. Scott, 50, has had amblyopia in his right eye since birth. The visual acuity in his right eye is 20/70, and in his left eye, 20/20. Following an examination in 2013, his optometrist noted that Mr. Scott does not have any visual field defects or field loss that would affect the safe operation of a commercial motor vehicle. Mr. Scott reported that he has driven straight E:\FR\FM\23OCN1.SGM 23OCN1 63306 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices trucks for 4 years, accumulating 28,000 miles, and tractor-trailer combinations for 10 years, accumulating 70,000 miles. He holds a Class A CDL from South Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Eugene D. Self, Jr. Mr. Self, 40, has had a prosthetic 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, ‘‘Mr. Self’s visual impairment does not compromise his ability to drive a commercial motor vehicle.’’ Mr. Self reported that he has driven buses for 7.5 years, accumulating 13,125 miles. He holds a Class C CDL from North Carolina. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. emcdonald on DSK67QTVN1PROD with NOTICES Darren B. Shields Mr. Shields, 54, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/80. Following an examination in 2013, his optometrist noted, ‘‘In my medical opinion this patient has sufficient vision and agility to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Shields reported that he has driven straight trucks for 3 years, accumulating 162,000 miles, and buses for 8 years, accumulating 96,000 miles. He holds a Class BM CDL from Nevada. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Roye T. Skelton Mr. Skelton, 45, has had a traumatic cataract in his right eye since 2006. The visual acuity in his right eye is counting fingers, and in his left eye, 20/20. Following an examination in 2013, his optometrist noted, ‘‘If proceeding with caution, in my opinion there is no reason this patient can not safely drive. However, it will be up to the discretion of the waiver committee to make the final decision.’’ Mr. Skelton reported that he has driven straight trucks for 18 years, accumulating 561,600 miles. He holds an operator’s license from Mississippi. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Robert D. Smienski Mr. Smienski, 55, has a prosthetic right eye due to a traumatic incident during childhood. The visual acuity in VerDate Mar<15>2010 18:13 Oct 22, 2013 Jkt 232001 his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2013, his optometrist noted, ‘‘Upon conclusion of the exam, I find that Mr. Smienski has sufficient vision to perform the driving tasks to operate a commercial vehicle.’’ Mr. Smienski reported that he has driven straight trucks for 18 years, accumulating 540,000 miles. He holds an operator’s license from Ohio. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Justin T. Swires Mr. Swires, 48, has a corneal scar in his left eye due to a traumatic incident in 1984. The visual acuity in his right eye is 20/15, and in his left eye, counting fingers. Following an examination in 2013, his optometrist noted, ‘‘He judges depth very well using monocular clues, and in my opinion has sufficient vision capabilities to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Swires reported that he has driven straight trucks for 31 years, accumulating 620,000 miles, and tractor-trailer combinations for 31 years, accumulating 3.1 million 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. Robert Thomas Mr. Thomas, 48, has Commotio Retinae in his left eye due to a traumatic incident in 1985. The visual acuity in his right eye is 20/20, and in his left eye, counting fingers. Following an examination in 2013, his optometrist noted, ‘‘His central vision loss in the left eye can be compensated for by the right eye. Therefore, in my medical opinion, I feel his vision is sufficient to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Thomas reported that he has driven straight trucks for 23 years, accumulating 115,000 miles, and tractor-trailer combinations for 23 years, accumulating 1.27 million miles. He holds a Class AM CDL from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Clifford B. Thompson, Jr. Mr. Thompson, 48, has a prosthetic right eye due to a traumatic incident in 2010. The visual acuity in his right eye is no light perception, and in his left eye, 20/25. Following an examination in 2013, his optometrist noted, ‘‘Field is stable . . . color vision is normal . . . I believe he is qualified for commercial PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 driving.’’ Mr. Thompson reported that he has driven straight trucks for 18 years, accumulating 237,600 miles, and tractor-trailer combinations for 6 years, accumulating 288,000 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. Donald L. Urmston Mr. Urmston, 50, has had ocular histoplasmosis in his left eye since 1999. The visual acuity in his right eye is 20/20, and in his left eye, counting fingers. Following an examination in 2013, his optometrist noted, ‘‘In my opinion, since Donald has 20/20 vision in one eye and good peripheral vision temporally in each eye, his vision is sufficient to drive a commercial vehicle.’’ Mr. Urmston reported that he has driven straight trucks for 4 years, accumulating 200,000 miles, and tractor-trailer combinations for 25 years, accumulating 1.25 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. Steven M. Veloz Mr. Veloz, 57, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/100. Following an examination in 2012, his optometrist noted, ‘‘In my medical opinion, I feel that Steven Veloz has sufficient vision to perform the driving tasks equired [sic] to operate a commercial vehicle.’’ Mr. Veloz reported that he has driven straight trucks for 35 years, accumulating 1.93 million miles, and tractor-trailer combinations for 35 years, accumulating 2.5 million miles. He holds a Class A CDL from California. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Stephen H. Ward Mr. Ward, 66, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/400, and in his left eye, 20/20. Following an examination in 2013, his optometrist noted, ‘‘In my professional opinion, Mr. Ward has sufficient vision to perform the driving task required to operate a commercial vehicle.’’ Mr. Ward reported that he has driven straight trucks for 40 years, accumulating 500,000 miles, tractor-trailer combinations for 2 years, accumulating 6,000 miles, and buses for 4 years, accumulating 40,000 miles. He holds a Class A CDL from Missouri. His driving record for the last 3 years shows E:\FR\FM\23OCN1.SGM 23OCN1 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices no crashes and no convictions for moving violations in a CMV. Janusz K. Wis Mr. Wis, 31, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/70, and in his left eye, 20/20. Following an examination in 2013, his optometrist noted, ‘‘In my opinion your vision seems to be stable and you have sufficient vision in the left eye to be able to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Wis reported that he has driven straight trucks for 7 years, accumulating 21,000 miles, and tractor-trailer combinations for 7 years, accumulating 21,000 miles. He holds a Class AM CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. emcdonald on DSK67QTVN1PROD with NOTICES Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. The Agency will consider all comments received before the close of business November 22, 2013. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA–2013–0168 and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or VerDate Mar<15>2010 18:13 Oct 22, 2013 Jkt 232001 recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. We will consider all comments and material received during the comment period and may change this proposed rule based on your comments. FMCSA may issue a final rule at any time after the close of the comment period. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA–2013–0168 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to the proposed rulemaking. Issued on: September 24, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–24763 Filed 10–22–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0165] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 25 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). 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. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers. DATES: The exemptions are effective October 23, 2013. The exemptions expire on October 23, 2015. SUMMARY: PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 63307 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: Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgement 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). Background On August 6, 2013, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (78 FR 47818). That notice listed 25 applicants’ case histories. The 25 individuals applied for exemptions from the vision requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in interstate commerce. Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2year 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.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. Accordingly, FMCSA has evaluated the 25 applications on their merits and E:\FR\FM\23OCN1.SGM 23OCN1

Agencies

[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63302-63307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24763]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0168]


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 38 individuals 
for exemption from the vision requirement in the Federal Motor Carrier 
Safety Regulations. They are unable to meet the vision requirement in 
one eye for various reasons. The exemptions will enable these 
individuals to operate commercial motor vehicles (CMVs) in interstate 
commerce without meeting the prescribed vision requirement in one eye. 
If granted, the exemptions would enable these individuals to qualify as 
drivers of commercial motor vehicles (CMVs) in interstate commerce.

DATES: Comments must be received on or before November 22, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0168 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note

[[Page 63303]]

that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. 
Please see the Privacy Act heading below for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System (FDMS) published in the Federal Register on January 
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs Division, (202) 366-4001, 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 38 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

Ernest J. Bachman

    Mr. Bachman, age 50, has complete loss of vision in his right eye 
due to a traumatic incident in 1975. The visual acuity in his right eye 
is no light perception, and in his left eye, 20/20. Following an 
examination in 2013, his optometrist noted, ``In my opinion he has 
sufficient vision to operate a commercial vehicle.'' Mr. Bachman 
reported that he has driven straight trucks for 32 years, accumulating 
6,400 miles, and tractor-trailer combinations for 32 years, 
accumulating 12,800 miles. He holds a Class A Commercial Driver's 
License (CDL) from Pennsylvania. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

A. Wayne Barker

    Mr. Barker, 70, has had a retinal detachment in his right eye since 
2010. The visual acuity in his right eye is counting fingers, and in 
his left eye, 20/20. Following an examination in 2013, his 
ophthalmologist noted, ``In my medical opinion, Wayne has sufficient 
vision to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Barker reported that he has driven straight trucks for 
52 years, accumulating 1.3 million miles, and tractor-trailer 
combinations for 49 years, accumulating 2.2 million miles. He holds a 
Class A CDL from Oklahoma. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Edgar G. Baxter

    Mr. Baxter, 74, has had a vascular occlusion in his left eye since 
2010. The visual acuity in his right eye is 20/30, and in his left eye, 
20/200. Following an examination in 2013, his optometrist noted, ``I 
certify that, in my medical opinion, this patient has sufficient vision 
to operate a commercial motor vehicle.'' Mr. Baxter reported that he 
has driven tractor-trailer combinations for 32 years, accumulating 4.16 
million 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.

Jason W. Bowers

    Mr. Bowers, 26, has had Coat's disease in his right eye since 
childhood. The visual acuity in his right eye is no light perception, 
and in his left eye, 20/20. Following an examination in 2013, his 
optometrist noted, ``This patient has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Bowers 
reported that he has driven tractor-trailer combinations for 3 years, 
accumulating 75,000 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.

Scott Brady

    Mr. Brady, 47, has had a central vein occlusion in his right eye 
since 2010. The visual acuity in his right eye is light perception, and 
in his left eye, 20/20. Following an examination in 2013, his 
optometrist noted, ``In my medical opinion, Mr. Brady has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Brady reported that he has driven straight trucks for 6 
years, accumulating 108,000 miles, and tractor-trailer combinations for 
11 years, accumulating 198,000 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.

Ronald A. Cleaver, Jr.

    Mr. Cleaver, 24, has had anisometropic amblyopia in his left eye 
since childhood. The visual acuity in his right eye is 20/20, and in 
his left eye, 20/100. Following an examination in 2013, his 
ophthalmologist noted, ``His current degree of peripheral vision and 
good best-corrected acuity in his right eye should allow him to be safe 
operating a commercial vehicle.'' Mr. Cleaver reported that he has 
driven straight trucks for 10 years, accumulating 17,500 miles, and 
tractor-trailer combinations for 2 years, accumulating 2,000 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.

Eric V. DeFrancesco

    Mr. DeFrancesco, 35, has had aniosometropic amblyopia in his right 
eye since childhood. The visual acuity in his right eye is 20/60, and 
in his left eye, 20/20. Following an examination in 2013, his 
ophthalmologist noted, ``It is my medical opinion within a reasonable 
degree of medical certainty that he has sufficient visual ability to 
perform all of the driving tasks required to operate a commercial 
vehicle.'' Mr. DeFrancesco reported that he has driven straight trucks 
for 5.5 years, accumulating 137,500 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.

[[Page 63304]]

Matthew A. Eck

    Mr. Eck, 60, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/200, and in his left eye, 20/
20. Following an examination in 2013, his optometrist noted, ``In 
summary, Mr. Eck's amblyopia with his right eye is long-standing and 
stable, and in my opinion, he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Eck 
reported that he has driven straight trucks for 37 years, accumulating 
222,000 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.

David E. Ferris

    Mr. Ferris, 70, has had complete loss of vision in his right eye 
since 1991. The visual acuity in his right eye is no light perception, 
and in his left eye, 20/20. Following an examination in 2013, his 
ophthalmologist noted, ``I, therefore, certify that in my medical 
opinion, the patient has sufficient vision to perform his driving tasks 
to operate a commercial vehicle.'' Mr. Ferris reported that he has 
driven straight trucks for 47.5 years, accumulating 1.19 million miles, 
and tractor-trailer combinations for 10 years, accumulating 1 million 
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.

George M. Hapchuk

    Mr. Hapchuk, 59, has had strabismic amblyopia in his left eye since 
childhood. The visual acuity in his right eye is 20/20, and in his left 
eye, 20/200. Following an examination in 2012, his optometrist noted, 
``It is my impression that George Hapchuk has adequate vision to 
perform the tasks to operate a commercial vehicle.'' Mr. Hapchuk 
reported that he has driven straight trucks for 38 years, accumulating 
1.2 million miles. He holds a Class BM CDL from Pennsylvania. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

James L. Hawthorne

    Mr. Hawthorne, 51, has a prosthetic right eye due to a traumatic 
incident during childhood. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2013, his optometrist noted, ``James Hawthorne . . . truck driver . 
. . Prosthetic right eye. The left eye's field is normal . . . 
Applicant should be good to drive with appropriate head turn 
adjustments and with caution.'' Mr. Hawthorne reported that he has 
driven straight trucks for 32 years, accumulating 800,000 miles and 
tractor-trailer combinations for 32 years, accumulating 1.12 million 
miles. He holds a Class AM CDL from Texas. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Johnny D. Ivey

    Mr. Ivey, 71, has had glaucoma in his left eye since childhood. The 
visual acuity in his right eye is 20/20, and in his left eye, counting 
fingers. Following an examination in 2013, his ophthalmologist noted, 
``His visual defect is long standing (since childhood) in the left eye 
and does not affect his ability to drive safely. He can drive a 
commercial tractor trailer [sic].'' Mr. Ivey reported that he has 
driven tractor-trailer combinations for 25 years, accumulating 1.42 
million miles. He holds a Class A CDL from North Carolina. 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.

Darryl H. Johnson

    Mr. Johnson, 50, has had a hemorrhage in his left eye for 40 years. 
The visual acuity in his right eye is 20/15, and in his left eye, 20/
100. Following an examination in 2013, his ophthalmologist noted, 
``Therefore, for the past 15 years, this patient has successfully 
operated a commercial vehicle with 20/15 vision in the right eye and 
less than 20/200 vision in the left eye. The current status of the left 
eye is such that it is not likely that any form of visual 
rehabilitation will be possible. So for the future, the patient will 
operate with 20/15 vision in the right eye, and less than 20/200 vision 
in the left eye, which has been successful for him with respect to his 
operating a commercial vehicle for 15 years. This letter is to request 
a waver [sic] for the visual requirements for binocular vision for this 
particular patient, who has been quite successful with his current 
level of vision which is expected to be stable in the future.'' Mr. 
Johnson reported that he has driven straight trucks for 2 years, 
accumulating 20,000 miles, and tractor-trailer combinations for 22 
years, accumulating 3.3 million miles. He holds a Class A CDL from West 
Virginia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

David Jones

    Mr. Jones, 49, has a prosthetic right eye due to a traumatic 
incident during childhood. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2013, his optometrist noted, ``It is in my professional opinion that 
Mr. Jones has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Jones reported that he has 
driven straight trucks for 2.5 years, accumulating 25,000 miles. He 
holds a Class B CDL from Florida. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Thomas L. Kitchen

    Mr. Kitchen, 54, has been nearsighted in his right eye since 
childhood. The visual acuity in his right eye is 20/300, and in his 
left eye, 20/20. Following an examination in 2012, his ophthalmologist 
noted, ``Even though Mr. Kitchen's vision does not meet normal 
standards for a commercial driver's license, his vision has been in the 
same range for many years and I believe that his vision is sufficient 
for operating a commercial vehicle.'' Mr. Kitchen reported that he has 
driven straight trucks for 27 years, accumulating 2.36 million miles, 
and tractor-trailer combinations for 27 years, accumulating 2.36 
million miles. He holds a Class A CDL from Virginia. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Wayne C. Knighton

    Mr. Knighton, 54, has had maculopathy in his right eye since 2009. 
The visual acuity in his right eye is 20/200, and in his left eye, 20/
15. Following an examination in 2013, his optometrist noted, ``In my 
medical opinion Mr. Knighton has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Knighton 
reported that he has driven straight trucks for 30 years, accumulating 
360,000 miles. He holds a Class B CDL from Nevada. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Brandon C. Koopman

    Mr. Koopman, 29, has aphakia and a corneal scar in his left eye due 
to a traumatic incident during childhood. The visual acuity in his 
right eye is 20/20, and in his left eye, counting fingers. Following an 
examination in 2013, his ophthalmologist noted, ``Vision is stable. 
Vision in the left eye is limited due to long standing injury as a 
child. Brandon has adapted to this and has functioned normally 
throughout life. He has excellent eye health in his right eye.

[[Page 63305]]

While the ultimate decision rests on the DOT in my opinion Brandon has 
sufficient visual capacity to perform driving tasks and operate a 
commercial vehicle.'' Mr. Koopman reported that he has driven straight 
trucks for 8 years, accumulating 4,000 miles. He holds an operator's 
license from Nebraska. Her driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

David G. Lamborn

    Mr. Lamborn, 61, has had a branch retinal vein occlusion in his 
left eye since 2003. The visual acuity in his right eye is 20/20, and 
in his left eye, 20/50. Following an examination in 2013, his 
optometrist noted, ``In my opinion, Mr. Lamborn presents with 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Lamborn reported that he has driven straight 
trucks for 1.5 years, accumulating 180,000 miles, tractor-trailer 
combinations for 6 months, accumulating 12,000 miles, and buses for 2 
years, accumulating 36,000 miles. He holds a Class AM CDL from North 
Dakota. His driving record for the last 3 years shows one crash, for 
which he was not cited and to which he did not contribute, and no 
convictions for moving violations in a CMV.

Robert A. Marks

    Mr. Marks, 52, has had ocular toxoplasmosis 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 2013, his ophthalmologist 
noted, ``Mr. Marks has sufficient vision to perform driving tasks to 
operate a commercial vehicle.'' Mr. Marks reported that he has driven 
straight trucks for 22 years, accumulating 44,000 miles. He holds an 
operator's license from West Virginia. His driving record for the last 
3 years shows no crashes and one conviction for a moving violation in a 
CMV; he exceeded the speed limit by 10 mph.

Stephen R. Marshall

    Mr. Marshall, 47, has complete loss of vision in his right eye due 
to a traumatic incident during childhood. The visual acuity in his 
right eye is no light perception, and in his left eye, 20/20. Following 
an examination in 2013, his optometrist noted, ``In my opinion, Mr. 
Marshall does have sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Marshall reported that 
he has driven tractor-trailer combinations for 29 years, accumulating 5 
million miles. He holds an operator's license from Mississippi. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Edgar H. Meraz

    Mr. Meraz, 32, has had a macular hole in his left eye since 2004. 
The visual acuity in his right eye is 20/15, and in his left eye, 20/
200. Following an examination in 2013, his ophthalmologist noted, ``I 
believe that Mr. Meraz has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Meraz reported 
that he has driven straight trucks for 14 years, accumulating 70,000 
miles, and tractor-trailer combinations for 12 years, accumulating 
180,000 miles. He holds a Class A CDL from New Mexico. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Ralph Reno

    Mr. Reno, 55, has had central serous retinopathy in his right eye 
since 2003. The visual acuity in his right eye is 20/50, and in his 
left eye, 20/20. Following an examination in 2012, his ophthalmologist 
noted, ``The Goldmann visual field shows a horizontal field of 140 
degrees and vertical field of 130 degrees in the right and left eyes 
individually and together. As such, his left eye is able to compensate 
for the right eye so that his overall visual function is good and Mr. 
Reno should be able to continue in his occupation driving a commercial 
vehicle without restriction with his vision deficiency.'' Mr. Reno 
reported that he has driven straight trucks for 26 years, accumulating 
468,000 miles. He holds an operator's license from New Jersey. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Glennis R. Reynolds

    Mr. Reynolds, 48, has a macular scar in his right eye due to a 
traumatic incident in childhood. The visual acuity in his right eye is 
20/200, and in his left eye, 20/20. Following an examination in 2013, 
his optometrist noted, ``Based upon my findings and medical expertise, 
I Ellen M. Grubb, O.D. hereby certify Glennis Reynolds to be visually 
able to safely operate a commercial motor vehicle.'' Mr. Reynolds 
reported that he has driven tractor-trailer combinations for 28 years, 
accumulating 2.8 million 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.

Joseph B. Saladino

    Mr. Saladino, 43, has had a retinal detachment in his left eye 
since childhood. The visual acuity in his right eye is 20/20, and in 
his left eye, 20/300. Following an examination in 2013, his 
ophthalmologist noted, ``I certify that the patient meets and/or 
exceeds the visual requirements to perform driving tasks required to 
operate a commercial vehicle.'' Mr. Saladino reported that he has 
driven straight trucks for 24 years, accumulating 960,000 miles, and 
tractor-trailer combinations for 24 years, accumulating 960,000 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.

Carlos M. Saravia

    Mr. Saravia, 39, has a chorioretinal scar in his right eye due to a 
traumatic injury during childhood. The visual acuity in his right eye 
is 20/200, and in his left eye, 20/20. Following an examination in 
2013, his ophthalmologist noted, ``In my professional opinion, I feel 
that he has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle at this time.'' Mr. Saravia reported that 
he has driven straight trucks for 4 years, accumulating 32,000 miles. 
He holds an operator's license from Maryland. His driving record for 
the last 3 years shows no crashes and one conviction for a moving 
violation in a CMV; he failed to obey instructions at a traffic control 
device.

Glen M. Schulz

    Mr. Schulz, 64, 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 2013, his optometrist noted, ``I believe 
that his vision is sufficient to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Schulz reported that he has driven 
straight trucks for 39 years, accumulating 682,500 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.

Steve W. Scott

    Mr. Scott, 50, has had amblyopia in his right eye since birth. The 
visual acuity in his right eye is 20/70, and in his left eye, 20/20. 
Following an examination in 2013, his optometrist noted that Mr. Scott 
does not have any visual field defects or field loss that would affect 
the safe operation of a commercial motor vehicle. Mr. Scott reported 
that he has driven straight

[[Page 63306]]

trucks for 4 years, accumulating 28,000 miles, and tractor-trailer 
combinations for 10 years, accumulating 70,000 miles. He holds a Class 
A CDL from South Carolina. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Eugene D. Self, Jr.

    Mr. Self, 40, has had a prosthetic 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, ``Mr. Self's visual impairment does not compromise his ability 
to drive a commercial motor vehicle.'' Mr. Self reported that he has 
driven buses for 7.5 years, accumulating 13,125 miles. He holds a Class 
C CDL from North Carolina. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Darren B. Shields

    Mr. Shields, 54, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2013, his optometrist noted, ``In my 
medical opinion this patient has sufficient vision and agility to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Shields reported that he has driven straight trucks for 3 years, 
accumulating 162,000 miles, and buses for 8 years, accumulating 96,000 
miles. He holds a Class BM CDL from Nevada. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Roye T. Skelton

    Mr. Skelton, 45, has had a traumatic cataract in his right eye 
since 2006. The visual acuity in his right eye is counting fingers, and 
in his left eye, 20/20. Following an examination in 2013, his 
optometrist noted, ``If proceeding with caution, in my opinion there is 
no reason this patient can not safely drive. However, it will be up to 
the discretion of the waiver committee to make the final decision.'' 
Mr. Skelton reported that he has driven straight trucks for 18 years, 
accumulating 561,600 miles. He holds an operator's license from 
Mississippi. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Robert D. Smienski

    Mr. Smienski, 55, has a prosthetic right eye due to a traumatic 
incident during childhood. The visual acuity in his right eye is no 
light perception, and in his left eye, 20/20. Following an examination 
in 2013, his optometrist noted, ``Upon conclusion of the exam, I find 
that Mr. Smienski has sufficient vision to perform the driving tasks to 
operate a commercial vehicle.'' Mr. Smienski reported that he has 
driven straight trucks for 18 years, accumulating 540,000 miles. He 
holds an operator's license from Ohio. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Justin T. Swires

    Mr. Swires, 48, has a corneal scar in his left eye due to a 
traumatic incident in 1984. The visual acuity in his right eye is 20/
15, and in his left eye, counting fingers. Following an examination in 
2013, his optometrist noted, ``He judges depth very well using 
monocular clues, and in my opinion has sufficient vision capabilities 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Swires reported that he has driven straight trucks for 
31 years, accumulating 620,000 miles, and tractor-trailer combinations 
for 31 years, accumulating 3.1 million 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.

Robert Thomas

    Mr. Thomas, 48, has Commotio Retinae in his left eye due to a 
traumatic incident in 1985. The visual acuity in his right eye is 20/
20, and in his left eye, counting fingers. Following an examination in 
2013, his optometrist noted, ``His central vision loss in the left eye 
can be compensated for by the right eye. Therefore, in my medical 
opinion, I feel his vision is sufficient to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Thomas reported that he 
has driven straight trucks for 23 years, accumulating 115,000 miles, 
and tractor-trailer combinations for 23 years, accumulating 1.27 
million miles. He holds a Class AM CDL from Pennsylvania. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Clifford B. Thompson, Jr.

    Mr. Thompson, 48, has a prosthetic right eye due to a traumatic 
incident in 2010. The visual acuity in his right eye is no light 
perception, and in his left eye, 20/25. Following an examination in 
2013, his optometrist noted, ``Field is stable . . . color vision is 
normal . . . I believe he is qualified for commercial driving.'' Mr. 
Thompson reported that he has driven straight trucks for 18 years, 
accumulating 237,600 miles, and tractor-trailer combinations for 6 
years, accumulating 288,000 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.

Donald L. Urmston

    Mr. Urmston, 50, has had ocular histoplasmosis in his left eye 
since 1999. The visual acuity in his right eye is 20/20, and in his 
left eye, counting fingers. Following an examination in 2013, his 
optometrist noted, ``In my opinion, since Donald has 20/20 vision in 
one eye and good peripheral vision temporally in each eye, his vision 
is sufficient to drive a commercial vehicle.'' Mr. Urmston reported 
that he has driven straight trucks for 4 years, accumulating 200,000 
miles, and tractor-trailer combinations for 25 years, accumulating 1.25 
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.

Steven M. Veloz

    Mr. Veloz, 57, has had amblyopia in his left eye since childhood. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
100. Following an examination in 2012, his optometrist noted, ``In my 
medical opinion, I feel that Steven Veloz has sufficient vision to 
perform the driving tasks equired [sic] to operate a commercial 
vehicle.'' Mr. Veloz reported that he has driven straight trucks for 35 
years, accumulating 1.93 million miles, and tractor-trailer 
combinations for 35 years, accumulating 2.5 million miles. He holds a 
Class A CDL from California. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Stephen H. Ward

    Mr. Ward, 66, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2013, his optometrist noted, ``In my 
professional opinion, Mr. Ward has sufficient vision to perform the 
driving task required to operate a commercial vehicle.'' Mr. Ward 
reported that he has driven straight trucks for 40 years, accumulating 
500,000 miles, tractor-trailer combinations for 2 years, accumulating 
6,000 miles, and buses for 4 years, accumulating 40,000 miles. He holds 
a Class A CDL from Missouri. His driving record for the last 3 years 
shows

[[Page 63307]]

no crashes and no convictions for moving violations in a CMV.

Janusz K. Wis

    Mr. Wis, 31, has had amblyopia in his right eye since childhood. 
The visual acuity in his right eye is 20/70, and in his left eye, 20/
20. Following an examination in 2013, his optometrist noted, ``In my 
opinion your vision seems to be stable and you have sufficient vision 
in the left eye to be able to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Wis reported that he has driven 
straight trucks for 7 years, accumulating 21,000 miles, and tractor-
trailer combinations for 7 years, accumulating 21,000 miles. He holds a 
Class AM CDL from Illinois. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. The Agency will consider all comments 
received before the close of business November 22, 2013. Comments will 
be available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The Agency will file comments 
received after the comment closing date in the public docket, and will 
consider them to the extent practicable.
    In addition to late comments, FMCSA will also continue to file, in 
the public docket, relevant information that becomes available after 
the comment closing date. Interested persons should monitor the public 
docket for new material.

Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2013-0168 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-2013-0168 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

    Issued on: September 24, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-24763 Filed 10-22-13; 8:45 am]
BILLING CODE 4910-EX-P