
[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Notices]
[Pages 22598-22599]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08880]



[[Page 22598]]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0026]


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

DATES: Comments must be received on or before May 16, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0026 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 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 7 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

Fred Boggs

    Mr. Boggs, age 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, 20/400. Following an examination in 2012, his optometrist noted, 
``It is my professional opinion that Mr. Boggs has sufficient vision to 
operate a commercial vehicle without any concern of restrictions.'' Mr. 
Boggs reported that he has driven straight trucks for 10 years, 
accumulating 600,000 miles, and tractor-trailer combinations for 10 
years, accumulating 600,000 miles. He holds a Class A Commercial 
Driver's License (CDL) from West Virginia. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

James M. Del Sasso

    Mr. Del Sasso, 48, has had a macular pucker in his left eye since 
2000. The visual acuity in his right eye is 20/20, and in his left eye, 
20/150. Following an examination in 2012, his ophthalmologist noted, 
``He may have possible depth perception issues with driving, or other 
visually-related tasks, but I feel he should have sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Del Sasso reported that he has driven straight trucks for 2 years, 
accumulating 100,000 miles, and tractor-trailer combinations for 19 
years, accumulating 1.9 million miles. He holds a Class A CDL from 
Illinois. 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 13 mph.

Stephen R. Dykstra

    Mr. Dykstra, 58, has had a scarred corneal retinal detachment in 
his right eye due to a traumatic incident 21 years ago. The best 
corrected visual acuity in his right eye is hand motion, and in his 
left eye, 20/30. Following an examination in 2012, his optometrist 
noted, ``Unless driving record would suggest otherwise, I do not feel 
that this vision impairment would prevent him from being able to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Dykstra reported that he has driven straight trucks for 5 years, 
accumulating 40,000 miles, and tractor-trailer combinations for 15 
years, accumulating 1.05 million miles. He holds a Class A CDL from 
Wisconsin. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

Troy A. Gray

    Mr. Gray, 26, has had amblyopia in his left eye since early 
childhood. The best corrected visual acuity in his right eye is 20/20, 
and in his left eye, counting fingers. Following an examination in 
2012, his optometrist noted, ``I certify that, in my medical opinion, 
Troy Gray has sufficient vision to perform the driving tasks required 
to operate a commercial vehicle.'' Mr. Gray reported that he has driven 
straight

[[Page 22599]]

trucks for 5 years, accumulating 25,000 miles. He holds a chauffeur's 
license from Michigan. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Darryl W. Hardy

    Mr. Hardy, 46, has had toxoplasmosis in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/400, and in his 
left eye, 20/20. Following an examination in 2012, his ophthalmologist 
noted, ``In my medical opinion, I certify the Mr. Hardy has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Hardy reported that he has driven straight trucks for 
7.5 years, accumulating 41,250 miles, and tractor-trailer combinations 
for 21 years, accumulating 115,500 miles. He holds a Class B CDL from 
Alabama. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

George E. Mulherrin, III

    Mr. Mulherrin, 51, has had a prosthetic left eye since childhood. 
The best corrected 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, ``George E. Mulherrin, III has mononocular 
visual function using the right eye which is adequate to operate a 
commercial vehicle.'' Mr. Mulherrin reported that he has driven 
straight trucks for 22 years, accumulating 594 miles. He holds a Class 
B CDL from Pennsylvania. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Nathan G. Pettis

    Mr. Pettis, 33, has had choroidal melanoma in his left eye since 
2005. The best corrected visual acuity in his right eye is 20/20, and 
in his left eye, light perception. Following an examination in 2012, 
his optometrist noted, ``Based on his driving history and the way he 
has compensated for the vision loss, I am convinced Mr. Pettis, in my 
medical opinion, can operate a commercial vehicle safely.'' Mr. Pettis 
reported that he has driven straight trucks for 14 years, accumulating 
350,000 miles, and tractor-trailer combinations for 14 years, 
accumulating 770,000 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.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. The Agency will consider all comments 
received before the close of business May 16, 2013. Comments will be 
available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The Agency will file comments 
received after the comment closing date in the public docket, and will 
consider them to the extent practicable.
    In addition to late comments, FMCSA will also continue to file, in 
the public docket, relevant information that becomes available after 
the comment closing date. Interested persons should monitor the public 
docket for new material.

    Issued on: April 9, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-08880 Filed 4-15-13; 8:45 am]
BILLING CODE 4910-EX-P


