
[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Notices]
[Pages 10251-10253]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03337]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0021]


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 8 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 March 15, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0021 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.

[[Page 10252]]

     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System (FDMS) published in the Federal Register on December 
29, 2010 (75 FR 82132), or you may visit http://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal Motor Carrier Safety Regulations for a 2-year period 
if it finds ``such exemption would likely achieve a level of safety 
that is equivalent to or greater than the level that would be achieved 
absent such exemption.'' FMCSA can renew exemptions at the end of each 
2-year period. The 8 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

Michael L. Bergman

    Mr. Bergman, age 56, has a prosthetic right eye due to a traumatic 
incident in 2009. The best corrected visual acuity in his left eye is 
20/20. Following an examination in 2012, his optometrist noted, ``I 
believe that Mike's vision is sufficient to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Bergman reported that 
he has driven straight trucks for 37 years, accumulating 74,000 miles, 
and tractor-trailer combinations for 25 years, accumulating 250,000 
miles. He holds a Class A Commercial Driver's License (CDL) from 
Kansas. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Efrain Gonzalez

    Mr. Gonzalez, 52, has had amblyopia in his left eye since birth. 
The visual acuity in his right eye is 20/20, and in his left eye, 20/
70. Following an examination in 2012, his optometrist noted, ``At this 
time, Mr. Gonzalez has sufficient vision to safely operate a commercial 
motor vehicle.'' Mr. Gonzalez reported that he has driven straight 
trucks for 12 years, accumulating 360,000 miles. He holds a Class A CDL 
from Utah. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Anthony Hall

    Mr. Hall, 43, has had a retinal vein occlusion in his right eye 
since 2003. The 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, ``In my opinion, the patient has full fields of 
his left eye and 20/20 vision in his left eye. He is capable of 
operating a commercial vehicle.'' Mr. Hall reported that he has driven 
tractor-trailer combinations for 13 years, accumulating 1.2 million 
miles. He holds a Class A CDL from Louisiana. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Shane Holum

    Mr. Holum, 32, has had optic nerve atrophy in his right eye since 
2002 due to a traumatic incident. The best corrected visual acuity in 
his right eye is light perception, and in his left eye, 20/20. 
Following an examination in 2012, his optometrist noted, ``In my 
opinion he has sufficient vision to drive and operate a commercial 
vehicle.'' Mr. Holum reported that he has driven straight trucks for 4 
years, accumulating 16,000 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.

Daryl W. Morris

    Mr. Morris, 70, has had optic nerve atrophy in his left eye since 
1992. 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, ``I want to certify in my medical opinion that 
Mr. Morris has sufficient vision to perform the driving task required 
to operate a commercial vehicle.'' Mr. Morris reported that he has 
driven straight trucks for 8 years, accumulating 80,000 miles. He holds 
a Class A CDL from Missouri. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Dan Nestel

    Mr. Nestel, 53, has had a ruptured globe in his right eye due to a 
traumatic incident in 2009. 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 
Mr. Nestel does have sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Nestel reported that he 
has driven tractor-trailer combinations for 25 years, accumulating 1.2 
million miles. He holds a Class A CDL from Indiana. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Thomas G. Normington

    Mr. Normington, 47, has a prosthetic right eye due to a traumatic 
incident in 1986. The best corrected visual acuity in his left eye is 
20/15. Following an

[[Page 10253]]

examination in 2012, his optometrist noted, ``In my opinion, Mr. 
Normington has sufficient vision to perform the driving tasks required 
to safely operate a commercial vehicle.'' Mr. Normington reported that 
he has driven straight trucks for 14 years, accumulating 280,000 miles, 
and tractor-trailer combinations for 14 years, accumulating 140,000 
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.

Thomas L. Terrell

    Mr. Terrell, 57, has had a chronic retinal detachment in his left 
eye due to a traumatic incident in 1984. 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 in his right eye and unless he has 
some future problem in the right eye, he should have no problems 
performing his duties of operating a commercial vehicle.'' Mr. Terrell 
reported that he has driven straight trucks for 39 years, accumulating 
78,000 miles, and tractor-trailer combinations for 39 years, 
accumulating 273,000 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.

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 March 15, 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: February 4, 2013.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2013-03337 Filed 2-12-13; 8:45 am]
BILLING CODE 4910-EX-P


