Qualification of Drivers; Exemption Applications; Vision, 47883-47886 [2010-19594]
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Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Notices
Description of Relief Sought
FlightSafety International proposes an
exemption that would permit
FlightSafety International to provide
instrument proficiency checks and
endorsements in an approved 14 CFR
part 142 course using a Level 6 flight
training device.
[FR Doc. 2010–19512 Filed 8–6–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Elimination of USDOT Number
Registrant-Only Classification
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of procedural changes to
the Performance and Registration
Information Systems Management
Program.
AGENCY:
FMCSA announces
elimination of the ‘‘registrant-only’’
USDOT number as part of the
Performance and Registration
Information Systems Management
(PRISM) program. FMCSA developed
the concept of a ‘‘registrant-only’’
USDOT number to identify registered
owners of commercial motor vehicles
(CMVs) that are not motor carriers, but
lease their CMVs to entities that are
motor carriers. FMCSA has concluded
that registrant-only USDOT numbers are
being used differently from what the
Agency intended and thus the practice
of issuing registrant-only numbers to
entities that are not motor carriers is
having an adverse affect on the Agency’s
ability to track motor carriers’ safety
violations. As a result, FMCSA made the
decision to eliminate the PRISM
procedure that requires non-motor
carrier registrants to obtain USDOT
numbers, and will maintain all existing
numbers as dormant registrant-only
USDOT numbers.
DATES: The effective date of the change
is September 1, 2011.
FOR FURTHER INFORMATION CONTACT: Tom
Lawler, Department of Transportation,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
(202) 366–3866 (telephone), 202–366–
3375 (fax), tom.lawler@dot.gov (e-mail).
sroberts on DSKD5P82C1PROD with NOTICES
SUMMARY:
Background
PRISM was created by Section 4003 of
the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA), Public
Law 102–240 (105 Stat.1914, 2144, Dec.
18, 1991) as a demonstration project.
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The goal of the demonstration project
was to explore the potential benefits of
using State commercial vehicle
registration sanctions as an incentive to
improve motor carrier safety [49 U.S.C.
31106(b)]. In 1998, Congress authorized
additional funding through Section
4004 of the Transportation Equity Act
for the 21st Century (TEA–21), Public
Law 105–178 (112 Stat. 107, 398, June
9, 1998) to implement the PRISM
program nationwide.
In 1999, FMCSA created the
‘‘registrant-only’’ USDOT number
classification to identify registered
owners of CMVs that are not motor
carriers but lease their CMVs to entities
that are motor carriers. Because the
registrant is not a motor carrier, the
registrant-only USDOT number is used
to track ownership of CMVs in the
Motor Carrier Management Information
System (MCMIS). A registrant-only
USDOT number does not authorize a
non-motor carrier to operate in
interstate commerce, and it should not
have any safety events assigned to it.
However, in numerous cases, law
enforcement personnel have been
presented a registrant-only number
during inspections and crash
investigations. As a result, data that
should be assigned to the record of the
motor carrier operating the CMV has
been erroneously assigned to the
registrant-only DOT number. The
Agency conducted an analysis in 2009
and found that over 35,500 (18%) of the
more than 200,000 registrant-only
records in MCMIS contained crash and
inspection activity that should have
been recorded on the lessee’s motor
carrier record.
Placement of this information on a
registrant-only record adversely affects
the accuracy of FMCSA’s safety
monitoring system. Motor carriers that
improperly use registrant-only numbers
can evade FMCSA oversight, including
compliance reviews and new entrant
program audits. In addition, if safety
events are not properly attributed to the
motor carriers operating CMVs, FMCSA
cannot factor those events into the
motor carriers’ safety ratings.
Action To Be Taken
On September 1, 2011, FMCSA will
eliminate the practice of allowing nonmotor carrier registrants to obtain
registrant-only USDOT numbers.
Approximately 40 of the State
jurisdictions that are PRISM members
will be affected by this change.
Members will need to modify their
forms, instruction manuals, computer
systems’ validation and safety edits,
renewal application and MCS–150 edits
and procedures. FMCSA will be
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47883
working with members to make the
necessary changes. The goal is for
members to make these changes by
August 31, 2011.
While members are modifying their
systems, the FMCSA Division Offices
will be researching the events attributed
to the registrant-only records and
reassigning the events to the proper
motor carrier record on MCMIS, or, if
appropriate, changing the non-motor
carrier to motor carrier status. The
registrant-only USDOT numbers will
remain on MCMIS as dormant numbers
unless a non-motor carrier changes its
status to motor carrier. FMCSA’s goal is
to have all of the records corrected by
December 31, 2011.
Issued on: July 30, 2010.
Anne S. Ferro,
Administrator.
[FR Doc. 2010–19593 Filed 8–6–10; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0187]
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 21 individuals for
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations. If granted, the exemptions
would enable these individuals to
qualify as drivers of commercial motor
vehicles (CMVs) in interstate commerce
without meeting the Federal vision
standard.
DATES: Comments must be received on
or before September 8, 2010.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2010–0187 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
SUMMARY:
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DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket numbers for this Notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s Privacy Act
Statement for the Federal Docket
Management System published in the
Federal Register on January 17, 2008
(73 FR 3316), or you may visit https://
edocket.access.gpo.gov/2008/pdf/E8–
785.pdf.
Dr.
Mary D. Gunnels, Director, Medical
Programs, (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:
FOR FURTHER INFORMATION CONTACT:
sroberts on DSKD5P82C1PROD 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 21
individuals listed in this Notice have
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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
Randall J. Benson
Mr. Benson, age 40, has had
amblyopia in his left eye since
childhood. The best corrected visual
acuity in his right eye is 20/15 and in
his left eye, 20/50. Following an
examination in 2010, his optometrist
noted, ‘‘This patient does not present
any greater risk in driving tasks than
other drivers and, given his record, he
should have sufficient vision to perform
the driving tasks required for a
commercial vehicle.’’ Mr. Benson
reported that he has driven straight
trucks for 4 years, accumulating 60,000
miles. He holds a Class D operator’s
license from Minnesota. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Larry D. Brown
Mr. Brown, 53, has had complete loss
of vision in his left eye since 1985. The
best corrected visual acuity in his right
eye is 20/20. Following an examination
in 2010, his optometrist noted, ‘‘In my
professional opinion Mr. Larry Brown
has sufficient vision to perform the
driving task of a commercial vehicle
based on his vision and prior work
experience.’’ Mr. Brown reported that he
has driven straight trucks for 19 years,
accumulating 47,500 miles. He holds a
Class B Commercial Driver’s License
(CDL) from Maryland. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Julian W. Collins
Mr. Collins, 49, has had macular
scarring in his right eye due to a
traumatic injury sustained in 1996. The
best corrected visual acuity in his right
eye is 20/400 and in his left eye, 20/15.
Following an examination in 2010, his
ophthalmologist noted, ‘‘I certify that
Mr. Collins’s eye exam today is stable
and that in my medical opinion he has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Collins reported that he
has driven straight trucks for 8 years,
accumulating 40,000 miles and tractor
trailer combinations for 23 years,
accumulating 414,000 miles. He holds a
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Class A CDL from Georgia. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
James G. Etheridge
Mr. Etheridge, 45, has had complete
loss of vision in his right eye since 1971
due to trauma. The best corrected visual
acuity in his left eye is 20/20. Following
an examination in 2010, his optometrist
noted, ‘‘Patient’s vision is sufficient to
drive a commercial vehicle.’’ Mr.
Etheridge reported that he has driven
straight trucks for 12 years,
accumulating 240,000 miles. He holds a
Class B CDL from Texas. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Jerry A. Evans
Mr. Evans, 63, has had a prosthetic
right eye due to trauma since 1980. The
best corrected visual acuity in his left
eye is 20/25. Following an examination
in 2010, his ophthalmologist noted, ‘‘It
is my medical opinion that Mr. Evans
has the ability to perform driving tasks
necessary to operate a commercial
vehicle.’’ Mr. Evans reported that he has
driven straight trucks for 30 years,
accumulating 507,000 miles. He holds a
Class C operator’s license from Georgia.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Guy R. Flowers, Jr.
Mr. Flowers, 57, has had complete
loss of vision in his left eye since 2005
due to trauma. The best corrected visual
acuity in his right eye is 20/20.
Following an examination in 2010, his
optometrist noted, ‘‘In my opinion,
providing he utilizes adequate rear-view
mirror and side-view mirrors on both
sides of his vehicle, he should have
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Flowers reported that he
has driven tractor-trailer combinations
for 27 years, accumulating 2.1 million
miles. He holds a Class A CDL from
Alaska. His driving record for the last 3
years shows no crashes and no
convictions for moving violations in a
CMV.
Jeremy L. Fricke
Mr. Fricke, 27, has had complete loss
of vision in his right eye since 2000 due
to trauma. The best corrected visual
acuity in his left eye is 20/15. Following
an examination in 2010, his optometrist
noted, ‘‘His vision in the left eye is
excellent uncorrected and, in my
opinion, is sufficient to perform the
driving tasks required to operate a
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commercial vehicle.’’ Mr. Fricke
reported that he has driven straight
trucks for 11 years, accumulating 27,500
miles and tractor-trailer combinations
for 7 years, accumulating 54,600 miles.
He holds a Class D operator’s license
from North Dakota. His driving record
for the last 3 years shows no crashes and
no convictions for moving violations in
a CMV.
Richard W. Gleiforst
Mr. Gleiforst, 48, has had a prosthetic
left eye due to trauma since 1993. The
best corrected visual acuity in his right
eye is 20/15. Following an examination
in 2010, his optometrist noted, ‘‘In my
medical opinion Richard Gleiforst has
sufficient vision to operate a
commercial vehicle as he has been for
the last ten years.’’ Mr. Gleiforst reported
that he has driven straight trucks for 4
years, accumulating 17,600 miles and
tractor-trailer combinations for 11 years,
accumulating 1.1 million miles. He
holds a Class A CDL from Colorado. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
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Edward P. Hynes, II
Mr. Hynes, 52, has had amblyopia 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 2010, his
optometrist noted, ‘‘Mr. Hynes can
recognize the colors of traffic control
signals and devices showing red, green
and amber; and in my medical opinion
he has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Hynes
reported that he has driven straight
trucks for 25 years, accumulating 2
million miles. He holds an operator’s
license from Virginia. His driving record
for the last 3 years shows no crashes and
no convictions for moving violations in
a CMV.
Keith R. Jordan
Mr. Jordan, 40, has had retinal
scarring in his right eye since 1990. The
best corrected visual acuity in his right
eye is 20/400 and in his left eye, 20/20.
Following an examination in 2010, his
optometrist noted, ‘‘Since Mr. Jordan has
had this condition for a long time, and
it is stable, it is my opinion that his
vision is sufficient to do the tasks
needed to operate a commercial
vehicle.’’ Mr. Jordan reported that he has
driven straight trucks for 22 years,
accumulating 22,000 miles and tractor
trailer combinations for 15 years,
accumulating 840,000 miles. He holds a
Class A CDL from Ohio. His driving
record for the last 3 years shows no
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crashes and no convictions for moving
violations in a CMV.
Theodore D. Kirby
Mr. Kirby, 30, 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, 20/400.
Following an examination in 2010, his
ophthalmologist noted, ‘‘In my medical
opinion, Mr. Kirby has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Kirby reported that he has driven
straight trucks for 3 years, accumulating
45,000 miles. He holds a Class B CDL
from Maryland. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Joseph A. Leigh, Jr.
Mr. Leigh, 48, 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 2009, his
optometrist noted, ‘‘I do believe that Mr.
Leigh has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Leigh reported
that he has driven straight trucks for 20
years, accumulating 1.5 million miles.
He holds a Class A CDL from North
Carolina. His driving record for the last
3 years shows no crashes and no
convictions for moving violations in a
CMV.
John L. Lethcoe
Mr. Lethcoe, 57, 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, hand-motion
vision only. Following an examination
in 2010, his ophthalmologist noted, ‘‘In
my opinion, his vision is sufficient to
continue to operate a commercial
vehicle.’’ Mr. Lethcoe reported that he
has driven straight trucks for 5.5 years,
accumulating 198,000 miles. He holds a
Class A CDL from North Carolina. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Ronald J. McTague
Mr. McTague, 53, has had amblyopia
in his left eye since birth. The best
corrected visual acuity in his right eye
is 20/20 and in his left eye, 20/400.
Following an examination in 2010, his
optometrist noted, ‘‘My opinion is that
Mr. McTague should have no
restrictions on him in regards to
operating a commercial vehicle.’’ Mr.
McTague reported that he has driven
straight trucks for 12 years,
accumulating 900,000 miles and tractor-
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47885
trailer combinations for 17 years,
accumulating 2.5 million miles. He
holds a Class A CDL from Ohio. His
driving record for the last 3 years shows
one crash and no convictions for
moving violations in a CMV.
Benito Saldana
Mr. Saldana, 52, has retinal
detachment in his left eye due to a
traumatic injury sustained in 1981. The
best corrected visual acuity in his right
eye is 20/20 and in his left eye, 20/200.
Following an examination in 2010, his
ophthalmologist noted, ‘‘It is my
medical opinion that this gentleman has
proven that he can drive a commercial
vehicle and he can continue doing his
job.’’ Mr. Saldana reported that he has
driven tractor-trailer combinations for
34 years, accumulating 4.4 million
miles. He holds a Class A CDL from
Texas. 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 14
miles per hour (mph).
Julius Simmons, Jr.
Mr. Simmons, 40, has had loss of
vision in his right eye since 1988 due to
trauma. The best corrected visual acuity
in his right eye is hand-motion only and
in his left eye, 20/20. Following an
examination in 2010, his optometrist
noted, ‘‘I do believe that the issues
involving the right eye do not affect his
ability to safely operate a commercial
vehicle.’’ Mr. Simmons reported that he
has driven tractor-trailer combinations
for 14 years, accumulating 1.6 million
miles. He holds a Class A CDL from
South Carolina. His driving record for
the last 3 years shows two crashes, one
for which he was not cited, and no
convictions for moving violations in a
CMV.
Kenneth J. Weaver
Mr. Weaver, 31, has had hamartoma
in his right eye since birth. The best
corrected visual acuity in his right eye
is light perception only and in his left
eye, 20/20. Following an examination in
2010, his optometrist noted, ‘‘Kenneth
Weaver has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Weaver
reported that he has driven tractortrailer combinations for 3 years
accumulating 75,750 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.
Carl V. Wheeler
Mr. Wheeler, 54, has had a prosthetic
left eye since 1980. The best corrected
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visual acuity in his right eye is 20/20.
Following an examination in 2010, his
ophthalmologist noted, ‘‘In my medical
opinion, Mr. Wheeler has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Wheeler reported that he
has driven straight trucks for 35 years,
accumulating 437,500 miles and tractortrailer combinations for 10 years,
accumulating 42,500 miles. He holds a
Class A CDL from North Carolina. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Stephen B. Whitt
Mr. Whitt, 44, has had
pseudoangioma in his right eye since
1994. The best corrected visual acuity in
his right eye is 20/80 and in his left eye,
20/20. Following an examination in
2009, his optometrist noted, ‘‘It is my
medical opinion that Stephen Whitt has
sufficient vision to perform the task of
driving a commercial vehicle.’’ Mr.
Whitt reported that he has driven
straight trucks for 15 years,
accumulating 750,000 miles and tractortrailer combinations for 20 years,
accumulating 3 million miles. He holds
a Class A CDL from North Carolina. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
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Darrell F. Woosley
Mr. Woosley, 66, has had loss of
vision since 2006 due to a central retinal
vein occlusion. The best corrected
visual acuity in his right eye is 20/200
and in his left eye, 20/25. Following an
examination in 2010, his
ophthalmologist noted, ‘‘It is my opinion
that Mr. Darrell Woosley’s vision is
sufficient to allow him to drive a
commercial vehicle based on his testing
in the clinic.’’ Mr. Woosley reported that
he has driven tractor-trailer
combinations for 44 years, accumulating
3.1 million miles. He holds a Class A
CDL from Illinois. His driving record for
the last 3 years shows no crashes and
two convictions for moving violations in
a CMV. On the first occasion, he was
cited for failure to obey a traffic sign and
on the second occasion, he exceeded the
speed limit by 9 mph.
Jason M. Zaragoza
Mr. Zaragoza, 37, has had macular
scarring in his right eye since 2003. The
best corrected visual acuity in his right
eye is 20/100 and in his left eye, 20/20.
Following an examination in 2010, his
ophthalmologist noted, ‘‘I certify that in
my medical opinion, Jason Zaragoza has
sufficient vision to perform the driving
tasks required to operate a commercial
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vehicle.’’ Mr. Zaragoza reported that he
has driven straight trucks for 8 years,
accumulating 208,000 miles. He holds a
Class C operator’s license from
California. 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 September 8, 2010.
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: July 29, 2010.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. 2010–19594 Filed 8–6–10; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0114]
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 30 individuals from
the vision requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs). The exemptions will enable
these individuals to operate commercial
motor vehicles (CMVs) in interstate
commerce without meeting the
prescribed vision standard. 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.
SUMMARY:
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The exemptions are effective
August 9, 2010. The exemptions expire
on August 9, 2012.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Director, Medical
Programs, (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:
DATES:
Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s Privacy Act
Statement for the Federal Docket
Management System published in the
Federal Register on January 17, 2008
(73 FR 3316), or you may visit https://
edocket.access.gpo.gov/2008/pdf/E8785.pdf.
Background
On June 16, 2010, FMCSA published
a Notice of receipt of exemption
applications from certain individuals,
and requested comments from the
public (75 FR 34209). That Notice listed
30 applicants’ case histories. The 30
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
E:\FR\FM\09AUN1.SGM
09AUN1
Agencies
[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Notices]
[Pages 47883-47886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19594]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0187]
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 21 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. If granted, the exemptions would enable these
individuals to qualify as drivers of commercial motor vehicles (CMVs)
in interstate commerce without meeting the Federal vision standard.
DATES: Comments must be received on or before September 8, 2010.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0187 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington,
[[Page 47884]]
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket numbers for this Notice. Note that all comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System published in the Federal Register on January 17, 2008
(73 FR 3316), or you may visit https://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs, (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 21 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
Randall J. Benson
Mr. Benson, age 40, has had amblyopia in his left eye since
childhood. The best corrected visual acuity in his right eye is 20/15
and in his left eye, 20/50. Following an examination in 2010, his
optometrist noted, ``This patient does not present any greater risk in
driving tasks than other drivers and, given his record, he should have
sufficient vision to perform the driving tasks required for a
commercial vehicle.'' Mr. Benson reported that he has driven straight
trucks for 4 years, accumulating 60,000 miles. He holds a Class D
operator's license from Minnesota. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Larry D. Brown
Mr. Brown, 53, has had complete loss of vision in his left eye
since 1985. The best corrected visual acuity in his right eye is 20/20.
Following an examination in 2010, his optometrist noted, ``In my
professional opinion Mr. Larry Brown has sufficient vision to perform
the driving task of a commercial vehicle based on his vision and prior
work experience.'' Mr. Brown reported that he has driven straight
trucks for 19 years, accumulating 47,500 miles. He holds a Class B
Commercial Driver's License (CDL) from Maryland. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Julian W. Collins
Mr. Collins, 49, has had macular scarring in his right eye due to a
traumatic injury sustained in 1996. The best corrected visual acuity in
his right eye is 20/400 and in his left eye, 20/15. Following an
examination in 2010, his ophthalmologist noted, ``I certify that Mr.
Collins's eye exam today is stable and that in my medical opinion he
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Collins reported that he has driven
straight trucks for 8 years, accumulating 40,000 miles and tractor
trailer combinations for 23 years, accumulating 414,000 miles. He holds
a Class A CDL from Georgia. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
James G. Etheridge
Mr. Etheridge, 45, has had complete loss of vision in his right eye
since 1971 due to trauma. The best corrected visual acuity in his left
eye is 20/20. Following an examination in 2010, his optometrist noted,
``Patient's vision is sufficient to drive a commercial vehicle.'' Mr.
Etheridge reported that he has driven straight trucks for 12 years,
accumulating 240,000 miles. He holds a Class B CDL from Texas. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Jerry A. Evans
Mr. Evans, 63, has had a prosthetic right eye due to trauma since
1980. The best corrected visual acuity in his left eye is 20/25.
Following an examination in 2010, his ophthalmologist noted, ``It is my
medical opinion that Mr. Evans has the ability to perform driving tasks
necessary to operate a commercial vehicle.'' Mr. Evans reported that he
has driven straight trucks for 30 years, accumulating 507,000 miles. He
holds a Class C operator's license from Georgia. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Guy R. Flowers, Jr.
Mr. Flowers, 57, has had complete loss of vision in his left eye
since 2005 due to trauma. The best corrected visual acuity in his right
eye is 20/20. Following an examination in 2010, his optometrist noted,
``In my opinion, providing he utilizes adequate rear-view mirror and
side-view mirrors on both sides of his vehicle, he should have
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Flowers reported that he has driven tractor-
trailer combinations for 27 years, accumulating 2.1 million miles. He
holds a Class A CDL from Alaska. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Jeremy L. Fricke
Mr. Fricke, 27, has had complete loss of vision in his right eye
since 2000 due to trauma. The best corrected visual acuity in his left
eye is 20/15. Following an examination in 2010, his optometrist noted,
``His vision in the left eye is excellent uncorrected and, in my
opinion, is sufficient to perform the driving tasks required to operate
a
[[Page 47885]]
commercial vehicle.'' Mr. Fricke reported that he has driven straight
trucks for 11 years, accumulating 27,500 miles and tractor-trailer
combinations for 7 years, accumulating 54,600 miles. He holds a Class D
operator's license from North Dakota. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Richard W. Gleiforst
Mr. Gleiforst, 48, has had a prosthetic left eye due to trauma
since 1993. The best corrected visual acuity in his right eye is 20/15.
Following an examination in 2010, his optometrist noted, ``In my
medical opinion Richard Gleiforst has sufficient vision to operate a
commercial vehicle as he has been for the last ten years.'' Mr.
Gleiforst reported that he has driven straight trucks for 4 years,
accumulating 17,600 miles and tractor-trailer combinations for 11
years, accumulating 1.1 million miles. He holds a Class A CDL from
Colorado. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Edward P. Hynes, II
Mr. Hynes, 52, has had amblyopia 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 2010, his optometrist noted,
``Mr. Hynes can recognize the colors of traffic control signals and
devices showing red, green and amber; and in my medical opinion he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Hynes reported that he has driven straight
trucks for 25 years, accumulating 2 million miles. He holds an
operator's license from Virginia. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Keith R. Jordan
Mr. Jordan, 40, has had retinal scarring in his right eye since
1990. The best corrected visual acuity in his right eye is 20/400 and
in his left eye, 20/20. Following an examination in 2010, his
optometrist noted, ``Since Mr. Jordan has had this condition for a long
time, and it is stable, it is my opinion that his vision is sufficient
to do the tasks needed to operate a commercial vehicle.'' Mr. Jordan
reported that he has driven straight trucks for 22 years, accumulating
22,000 miles and tractor trailer combinations for 15 years,
accumulating 840,000 miles. He holds a Class A CDL from Ohio. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Theodore D. Kirby
Mr. Kirby, 30, 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, 20/400. Following an examination in 2010, his ophthalmologist
noted, ``In my medical opinion, Mr. Kirby has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Kirby reported that he has driven straight trucks for 3 years,
accumulating 45,000 miles. He holds a Class B CDL from Maryland. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Joseph A. Leigh, Jr.
Mr. Leigh, 48, 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 2009, his optometrist
noted, ``I do believe that Mr. Leigh has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Leigh
reported that he has driven straight trucks for 20 years, accumulating
1.5 million miles. He holds a Class A CDL from North Carolina. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
John L. Lethcoe
Mr. Lethcoe, 57, 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, hand-motion vision only. Following an examination in 2010,
his ophthalmologist noted, ``In my opinion, his vision is sufficient to
continue to operate a commercial vehicle.'' Mr. Lethcoe reported that
he has driven straight trucks for 5.5 years, accumulating 198,000
miles. He holds a Class A CDL from North Carolina. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Ronald J. McTague
Mr. McTague, 53, has had amblyopia in his left eye since birth. The
best corrected visual acuity in his right eye is 20/20 and in his left
eye, 20/400. Following an examination in 2010, his optometrist noted,
``My opinion is that Mr. McTague should have no restrictions on him in
regards to operating a commercial vehicle.'' Mr. McTague reported that
he has driven straight trucks for 12 years, accumulating 900,000 miles
and tractor-trailer combinations for 17 years, accumulating 2.5 million
miles. He holds a Class A CDL from Ohio. His driving record for the
last 3 years shows one crash and no convictions for moving violations
in a CMV.
Benito Saldana
Mr. Saldana, 52, has retinal detachment in his left eye due to a
traumatic injury sustained in 1981. The best corrected visual acuity in
his right eye is 20/20 and in his left eye, 20/200. Following an
examination in 2010, his ophthalmologist noted, ``It is my medical
opinion that this gentleman has proven that he can drive a commercial
vehicle and he can continue doing his job.'' Mr. Saldana reported that
he has driven tractor-trailer combinations for 34 years, accumulating
4.4 million miles. He holds a Class A CDL from Texas. 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 14 miles per
hour (mph).
Julius Simmons, Jr.
Mr. Simmons, 40, has had loss of vision in his right eye since 1988
due to trauma. The best corrected visual acuity in his right eye is
hand-motion only and in his left eye, 20/20. Following an examination
in 2010, his optometrist noted, ``I do believe that the issues
involving the right eye do not affect his ability to safely operate a
commercial vehicle.'' Mr. Simmons reported that he has driven tractor-
trailer combinations for 14 years, accumulating 1.6 million miles. He
holds a Class A CDL from South Carolina. His driving record for the
last 3 years shows two crashes, one for which he was not cited, and no
convictions for moving violations in a CMV.
Kenneth J. Weaver
Mr. Weaver, 31, has had hamartoma in his right eye since birth. The
best corrected visual acuity in his right eye is light perception only
and in his left eye, 20/20. Following an examination in 2010, his
optometrist noted, ``Kenneth Weaver has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Weaver reported that he has driven tractor-trailer combinations for 3
years accumulating 75,750 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.
Carl V. Wheeler
Mr. Wheeler, 54, has had a prosthetic left eye since 1980. The best
corrected
[[Page 47886]]
visual acuity in his right eye is 20/20. Following an examination in
2010, his ophthalmologist noted, ``In my medical opinion, Mr. Wheeler
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Wheeler reported that he has driven
straight trucks for 35 years, accumulating 437,500 miles and tractor-
trailer combinations for 10 years, accumulating 42,500 miles. He holds
a Class A CDL from North Carolina. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Stephen B. Whitt
Mr. Whitt, 44, has had pseudoangioma in his right eye since 1994.
The best corrected visual acuity in his right eye is 20/80 and in his
left eye, 20/20. Following an examination in 2009, his optometrist
noted, ``It is my medical opinion that Stephen Whitt has sufficient
vision to perform the task of driving a commercial vehicle.'' Mr. Whitt
reported that he has driven straight trucks for 15 years, accumulating
750,000 miles and tractor-trailer combinations for 20 years,
accumulating 3 million miles. He holds a Class A CDL from North
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Darrell F. Woosley
Mr. Woosley, 66, has had loss of vision since 2006 due to a central
retinal vein occlusion. The best corrected visual acuity in his right
eye is 20/200 and in his left eye, 20/25. Following an examination in
2010, his ophthalmologist noted, ``It is my opinion that Mr. Darrell
Woosley's vision is sufficient to allow him to drive a commercial
vehicle based on his testing in the clinic.'' Mr. Woosley reported that
he has driven tractor-trailer combinations for 44 years, accumulating
3.1 million miles. He holds a Class A CDL from Illinois. His driving
record for the last 3 years shows no crashes and two convictions for
moving violations in a CMV. On the first occasion, he was cited for
failure to obey a traffic sign and on the second occasion, he exceeded
the speed limit by 9 mph.
Jason M. Zaragoza
Mr. Zaragoza, 37, has had macular scarring in his right eye since
2003. The best corrected visual acuity in his right eye is 20/100 and
in his left eye, 20/20. Following an examination in 2010, his
ophthalmologist noted, ``I certify that in my medical opinion, Jason
Zaragoza has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Zaragoza reported that he has
driven straight trucks for 8 years, accumulating 208,000 miles. He
holds a Class C operator's license from California. 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 September 8, 2010. 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: July 29, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-19594 Filed 8-6-10; 8:45 am]
BILLING CODE 4910-EX-P