
[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Notices]
[Pages 16912-16913]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06193]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0024]


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 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 April 18, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0024 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow theon-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the 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

Tom Campbell

    Mr. Campbell, age 57, has enucleation in his right eye due to a 
traumatic incident in 1985. 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, ``Mr. Campbell has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Campbell reported that he has driven straight trucks for 
6 years, accumulating 60,000 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 one conviction for a moving violation 
in a CMV; he exceeded the speed limit by 23 miles per hour.

[[Page 16913]]

Joe Cunningham

    Mr. Cunningham, 61, has had histoplasmosis in his left eye since 
2000. 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, ``He 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Cunningham reported that he has driven 
straight trucks for 22 years, accumulating 264,000 miles. He holds an 
operator's license from Indiana. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Dolan A. Gonzalez, Jr.

    Mr. Gonzalez, 37, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/200, 
and in his left eye, 20/20. Following an examination in 2012, his 
optometrist noted, ``Due to the long-standing nature of these 
conditions and Dolan's history of previously performing as a commercial 
driver, it should have no further effect on his driving skills as these 
are stable and non-progressive.'' Mr. Gonzalez reported that he has 
driven straight trucks for 6 years, accumulating 156,000 miles. He 
holds an operator's license from Florida. His driving record for the 
last 3 years shows no crashes but one conviction for a moving violation 
in a CMV; he passed through/around a barrier.

Paul R. Harpin

    Mr. Harpin, 55, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/100, and in his 
left eye, 20/15. Following an examination in 2013, his optometrist 
noted, ``I certify that he has sufficient vision to perform the driving 
tasks required to operate a commercial vehicle.'' Mr. Harpin reported 
that he has driven straight trucks for 18 years, accumulating 540,000 
miles, and tractor-trailer combinations for 15 years, accumulating 
375,000 miles. He holds a Class A CDL from Arizona. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Terry L. Lipscomb

    Mr. Lipscomb, 42, has had refractive amblyopia in his left eye 
since childhood. The best corrected visual acuity in his right eye is 
20/20, and in his left eye, 20/60. Following an examination in 2012, 
his optometrist noted, ``In my opinion, Mr. Lipscomb has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Lipscomb reported that he has driven straight trucks for 
1 year, accumulating 11,500 miles, and tractor-trailer combinations for 
11 years, accumulating 185,900 miles. He holds an operator's license 
from Alabama. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Donald G. Reed

    Mr. Reed, 51, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20, and in his 
left eye, 20/150. Following an examination in 2012, his optometrist 
noted, ``In my professional opinion this patient should have no 
problems from his eyes or vision to affect his duties as a professional 
truck driver.'' Mr. Reed reported that he has driven straight trucks 
for 12 years, accumulating 1 million miles, and tractor-trailer 
combinations for 4 years, accumulating 813,000 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.

Randy T. Richardson

    Mr. Richardson, 60, has had refractive amblyopia in his right eye 
since birth. The best corrected visual acuity in his right eye is 20/
70, and in his left eye, 20/20. Following an examination in 2013, his 
optometrist noted, ``He can identify traffic signals without difficulty 
and has sufficient vision to operate a commercial vehicle.'' Mr. 
Richardson reported that he has driven straight trucks for 36 years, 
accumulating 1.6 million miles. He holds a Class A CDL from Kansas. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

James E. Smith

    Mr. Smith, 56, has had refractive amblyopia in his left eye since 
birth. The best corrected visual acuity in his right eye is 20/20, and 
in his left eye, 20/400. Following an examination in 2012, his 
optometrist noted, ``I have recently examined James E. Smith and I 
found his vision sufficient to perform the driving task to operate a 
commercial vehicle as his vision has been stable, he has been safely 
operating a commercial vehicle for years.'' Mr. Smith reported that he 
has driven straight trucks for 20 years, accumulating 1 million miles, 
and tractor-trailer combinations for 25, accumulating 2.5 million 
miles. He holds a Class A CDL from Illinois. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

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 April 18, 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: March 8, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-06193 Filed 3-18-13; 8:45 am]
BILLING CODE 4910-EX-P


