Qualification of Drivers; Exemption Applications; Vision, 77942-77945 [2010-31263]

Download as PDF 77942 ACTION: Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices Notice of final disposition. FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 17 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained, Director, Medical Programs, (202) 366– 4001, fmcsamedical@dot.gov, FMCSA, without the exemptions for these commercial motor vehicle (CMV) drivers. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels 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: SUMMARY: Background 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. The comment period ended on November 18, 2010 (75 FR 64396). srobinson on DSKHWCL6B1PROD with NOTICES Discussion of Comments FMCSA received no comments in this proceeding. Conclusion The Agency has not received any adverse evidence on any of these drivers that indicates that safety is being compromised. Based upon its evaluation of the 17 renewal applications, FMCSA renews the Federal vision exemptions for Rick A. Benevides, Allen S. Bush, Delone W. Dudley, Irvin L. Eaddy. James W. Lappan, Jeromy W. Leatherman, Ernest B. Martin, Mark L. McWhorter, Raymond C. Miller, James G. Mitchell, Dennis E. Palmer, Jr., Sylvester Silver, James D. St. Peter, Kenneth C. Steele, Michael Sutton, John E. Rains, and Brian W. Whitmer. In accordance with 49 U.S.C. 31136(e) and 31315, each renewal exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person fails to VerDate Mar<15>2010 17:09 Dec 13, 2010 Jkt 223001 comply with the terms 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 and 31315. Issued on: December 6, 2010. Larry W. Minor, Associate Administrator, Office of Policy. [FR Doc. 2010–31260 Filed 12–13–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0385] 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 24 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. SUMMARY: Comments must be received on or before January 13, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2010–0385 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 DATES: PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 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 FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit http://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. FOR FURTHER INFORMATION CONTACT: 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 24 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. E:\FR\FM\14DEN1.SGM 14DEN1 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices Qualifications of Applicants Gary S. Alvarez Mr. Alvarez, age 46, has had blunt contusion to his right eye with vision loss from optic atropy since 1985. The visual acuity in his right eye is no light perception and in his left eye, 20/20. Following an examination in 2010, his optometrist noted, ‘‘It is my continued opinion that Mr. Alvarez has sufficient vision to perform the driving tasks required for commercial driving.’’ Mr. Alvarez reported that he has driven straight trucks for 31⁄2 years, accumulating 175,000 miles and tractortrailer combinations for 5 years, accumulating 500,000 miles. He holds a Class A Commercial Driver’s License (CDL) from Massachusetts. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Wayne D. Bost Mr. Bost, 75, has had macular degeneration in his left eye since childhood. The visual acuity in his right eye is 20/20 and in his left eye, 20/70. Following an examination in 2010, his ophthalmologist noted, ‘‘I certify that in my medical opinion he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Bost reported that he has driven buses for 13 years, accumulating 357,500 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. srobinson on DSKHWCL6B1PROD with NOTICES James M. Brasher Mr. Brasher, 58, has had prosthetic left eye due to an accident that happened 30 years ago. The corrected visual acuity in his right eye is 20/20 and in his left eye, no light perception. Following an examination in 2010, his optometrist noted, ‘‘In my opinion Mr. Brasher has sufficient vision to operate a commercial vehicle.’’ Mr. Brasher reported that he has driven straight trucks for 37 years, accumulating 1.8 million miles. He holds a Class A CDL from Alabama. His driving record for the last 3 years shows one crash, for which he was not cited and no convictions for moving violations in a CMV. Marcus L. Conner Mr. Conner, 52, 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 2010, his ophthalmologist noted, ‘‘This in no way in my medical opinion this limits his VerDate Mar<15>2010 17:09 Dec 13, 2010 Jkt 223001 ability to operate safely a commercial vehicle.’’ Mr. Conner reported that he has driven straight trucks for 12 years, accumulating 115,200 miles and tractortrailer combinations for 1.8 years, accumulating 80,546 miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Joseph L. Dahlman Mr. Dahlman, 29, 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, 20/100. Following an examination in 2010, his optometrist noted, ‘‘I am confident in certifying Joseph as having the vision skills necessary to have the ability to perform the driving tasks required to operate a commercial motor vehicle.’’ Mr. Dahlman reported that he has driven straight trucks for 10c years, accumulating 420,000 miles. He holds an operator’s license from Washington. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Brett K. Hasty Mr. Hasty, 28, 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, 20/15. Following an examination in 2010, his ophthalmologist noted, ‘‘My medical opinion is that Mr. Hasty has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Hasty reported that he has driven straight trucks for 53⁄4 years, accumulating 8,625 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. Frederick A. Irby Mr. Irby, 61, has had a displaced pupil in his right eye since childhood. 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, ‘‘I feel Mr. Irby has sufficient vision to drive a commercial vehicle as in the past 30 years.’’ Mr. Irby reported that he has driven straight trucks for 40 years, accumulating 192,000 miles and tractor-trailer combinations for 37 years, accumulating 414,400 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. PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 77943 Matthew B. Lairamore Mr. Lairamore, 29, has a retinal detachment in his right eye due to a traumatic injury sustained as a child. The best corrected visual acuity in his right eye is no light perception and in his left eye, 20/20. Following an examination in 2010, his ophthalmologist noted, ‘‘He has chronic, permanent vision loss in the right eye; however, he has adequate vision in the left eye, both central and peripheral to perform all needed tasks for operating a commercial vehicle.’’ Mr. Lairamore reported that he has driven straight trucks for 9 years, accumulating 90,000 miles and tractor-trailer combinations for 9 years, accumulating 18,000 miles. He holds a Class D operator’s license from Oklahoma. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Garry D. Layton Mr. Layton, 50, has had strabismic amblyopia in his left eye since birth. The corrected visual acuity in his right eye is 20/20 and in his left eye, 20/100. Following an examination in 2010, his optometrist noted, ‘‘I certify that Garry Layton, in my medical opinion, has more than sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Layton reported that he has driven tractortrailer combinations for 4 years, accumulating 260,000 miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Boynton L. Manuel Mr. Manuel, 67, has had a retinal detachment in his left eye due to an accident in 1985. The best corrected visual acuity in his right eye is 20/20 and in his left eye, hand motion only. Following an examination in 2010, his optometrist noted, ‘‘In my medical opinion Mr. Manuel has sufficient vision for driving a commercial vehicle.’’ Mr. Manuel reported that he has driven straight trucks for 50 years, accumulating 910,000 miles. He holds a Class D 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. Anthony W. Miller Mr. Miller, 37, has had a misshapened pupil and a retinal detachment in his left eye since birth. The best corrected visual acuity in his right eye is 20/15 and in his left eye, 20/200. Following an examination in 2010, his optometrist E:\FR\FM\14DEN1.SGM 14DEN1 77944 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices noted, ‘‘In my medical opinion, Anthony possesses adequate corrected vision to safely perform his commercial driving.’’ Mr. Miller reported that he has driven straight trucks for 12 years, accumulating 624,000 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. Wesley G. Moore Mr. Moore, 62, has had aphakia in his left eye since childhood due to trauma. The visual acuity in his right eye is 20/ 20 and in his left eye, light perception only. Following an examination in 2010, his optometrist noted, ‘‘In my medical opinion, he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Moore reported that he has driven straight trucks for 5 years, accumulating 100,000 miles and tractor-trailer combinations for 32 years, accumulating 3.2 million miles. He holds a Class A CDL from Arkansas. 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. Rocky Moorhead Mr. Moorhead, 52, has had complete loss of vision in his right eye since childhood due to trauma. The best corrected visual acuity in his right eye is no light perception and in his left eye, 20/20. Following an examination in 2010, his optometrist noted, ‘‘In my medical opinion, Rocky has sufficient vision in his left eye to operate a commercial vehicle.’’ Mr. Moorhead reported that he has driven straight trucks for 25 years, accumulating 875,000 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. srobinson on DSKHWCL6B1PROD with NOTICES Gary J. Peterson Mr. Peterson, 62, has had a prosthetic right eye since 1982. The best corrected visual acuity in his left eye is 20/20. Following an examination in 2010, his optometrist noted, ‘‘In my opinion Mr. Peterson has sufficient vision to perform the driving tasks required to operate a commercial vehicle as he has been doing with one eye since 1982.’’ Mr. Peterson reported that he has driven straight trucks for 45 years, accumulating 1.8 million miles and tractor-trailer combinations for 45 years, accumulating 1.8 million miles. He holds a Class A CDL from Illinois. His driving record for the last 3 years shows VerDate Mar<15>2010 17:09 Dec 13, 2010 Jkt 223001 no crashes and no convictions for moving violations in a CMV. Bernard J. Phillips Mr. Phillips, 67, has had longstanding corneal scar in his left eye due to an injury 45 years ago. The corrected visual acuity in his right eye is 20/20 and in his left eye, 20/80. Following an examination in 2010, his optometrist noted, ‘‘In my opinion he has sufficient central and peripheral vision to continue to safely perform the tasks needed to operate a commercial vehicle.’’ Mr. Phillips reported that he has driven tractor-trailer combinations for 43 years, accumulating 5.3 million miles. He holds a Class A CDL from Washington. 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 mph. Michael J. Roberts Mr. Roberts, 32, has had amblyopia in his right eye since birth. The visual acuity in his right eye is 20/200 and in his left eye, 20/20. Following an examination in 2010, his optometrist noted, ‘‘Based upon my examination and his visual result tests, in my opinion, Mike has sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Mr. Roberts reported that he has driven straight trucks for 15 years, accumulating 750,000 miles and tractor-trailer combinations for 6 years, accumulating 270,000 miles. He holds a Class A CDL from Montana. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Alvaro F. Rodriguez Mr. Rodriguez, 48, has had complete loss of vision in his left eye since childhood. The visual acuity in his right eye is 20/25 and in his left eye, light perception only. Following an examination in 2010, his ophthalmologist noted, ‘‘In my medical opinion, he has sufficient vision to perform driving tasks required to operate a commercial vehicle.’’ Mr. Rodriquez reported that he has driven straight trucks for 9 years, accumulating 540,000 miles and tractor-trailer combinations for 9 months, accumulating 120,000 miles. He holds a Class A CDL from Texas. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Bobby W. Sawyers Mr. Sawyers, 55, has had amblyopia in his left eye since childhood. The PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 visual acuity in his right eye is 20/20 and in his left eye, 20/200. Following an examination in 2010, his optometrist noted, ‘‘It is my medical opinion that he has sufficient vision to operate a commercial vehicle.’’ Mr. Sawyers reported that he has driven straight trucks for 10 years, accumulating 560,000 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. Lynn R. Schraeder Mr. Schraeder, 42, has had a prosthetic left eye since birth. The visual acuity in his right eye is 20/20. Following an examination in 2010, his optometrist noted, ‘‘Patient has sufficient vision to perform driving tasks of commercial vehicle.’’ Mr. Schraeder reported that he has driven tractor-trailer combinations for 26 years, accumulating 936,000 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. John R. Shaver Mr. Shaver, 57, has had traumatic neuropathy in his left eye since childhood due to an injury. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/5/200. Following an examination in 2010, his ophthalmologist noted, ‘‘Mr. Shaver has sufficient vision to perform driving tasks that is required to operate a commercial vehicle.’’ Mr. Shaver reported that he has driven straight trucks for 41 years, accumulating 2.3 million miles. He holds a Class M 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. Myron A. Smith Mr. Smith, 57, has had complete loss of vision in his left eye due to a traumatic injury sustained as a child. The best corrected visual acuity in his right eye is 20/20 and in his left eye, no light perception. Following an examination in 2010, his optometrist noted, ‘‘In my opinion, the patient’s right eye is healthy, stable, and has adequate vision acuity and peripheral vision to operate a commercial vehicle.’’ Mr. Smith reported that he has driven straight trucks for 40 years, accumulating 160,000 miles and tractortrailer combinations for 2 years, accumulating 10,000 miles. He holds a Class D operator’s license from Minnesota. His driving record for the last 3 years shows no crashes and no E:\FR\FM\14DEN1.SGM 14DEN1 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices convictions for moving violations in a CMV. Ricky L. Watts Mr. Watts, 49, has had macular scarring in his left eye since 2002. 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, ‘‘He meets the requirements of the State of Florida to be able to drive safely, and I see no reason for him to have any visual hindrance to interstate commercial driving.’’ Mr. Watts reported that he has driven tractor-trailer combinations for 24 years, accumulating 1.8 million miles. He holds a Class A CDL from Florida. His driving record for the last 3 years shows one crash, for which he was cited, and one conviction for a moving violation in a CMV; careless driving. Cameron R. Whitford Mr. Whitford, 50, has had a prosthetic right eye since childhood. The best corrected visual acuity in his right eye is 20/20. Following an examination in 2010, his optometrist noted, ‘‘Cameron Whitford in my opinion has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Whitford reported that he has driven straight trucks for 6 years, accumulating 240,000 miles. He holds a Class B CDL from New York. His driving record for the last 3 years shows one crash, for which he was not cited, and no convictions for moving violations in a CMV. Olen L. Williams, Jr. Mr. Williams, 59, has had ischemic optic neuropathy in his left eye since 2003. The best corrected visual acuity in his right eye is 20/25 and in his left eye, count-finger vision. Following an examination in 2010, his optometrist noted, ‘‘In my opinion Mr. Williams has sufficient vision to operate any commercial motor vehicle safely and efficiently.’’ Mr. Williams reported that he has driven tractor-trailer combinations for 34 years, accumulating srobinson on DSKHWCL6B1PROD with NOTICES Tonny Bailey Charles J. Dawber Richard C. Dickinson Harold L. Elders 5.1 million miles. He holds a Class A CDL from Tennessee. His driving record for the last 3 years shows no crashes and one conviction for a moving violation. He exceeded the speed limit by 10 mph. 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 January 13, 2011. 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: December 6, 2010. Larry W. Minor, Associate Administrator, Office of Policy. [FR Doc. 2010–31263 Filed 12–13–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. AGENCY: FMCSA announces its denial of 103 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and the reasons for the denials. FMCSA has statutory authority to exempt individuals from the vision requirement SUMMARY: if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions does not provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. Dr. Mary D. Gunnels, Director Medical Programs, 202–366–4001, U.S. Department of Transportation, FMCSA, 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. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal vision standard for a renewable 2-year period if it finds ‘‘such an exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such an exemption.’’ The procedures for requesting an exemption are set forth in 49 CFR part 381. Accordingly, FMCSA evaluated 103 individual exemption requests on their merit and made a determination that these applicants do not satisfy the criteria eligibility or meet the terms and conditions of the Federal exemption program. Each applicant has, prior to this notice, received a letter of final disposition on the exemption request. Those decision letters fully outlined the basis for the denial and constitute final Agency action. The list published in this notice summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following 11 applicants lacked sufficient driving experience during the 3-year period prior to the date of their applications: Randall S. Grauer Darrell A. Harmon Thomas W. Keel, Jr. Jay Rider Wesley A. Roberson David M. Taylor David M. Wcisel William Chisley William Cusano Shelby B. Richardson Keith M.Vanderhyde The following 7 applicants had no experience operating a CMV: Floyd Aldridge Stanly J. Baumann Janie Burford VerDate Mar<15>2010 17:09 Dec 13, 2010 Jkt 223001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 77945 E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Notices]
[Pages 77942-77945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31263]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0385]


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 24 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 January 13, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0385 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 FDMS published in 
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit 
http://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 24 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.

[[Page 77943]]

Qualifications of Applicants

Gary S. Alvarez

    Mr. Alvarez, age 46, has had blunt contusion to his right eye with 
vision loss from optic atropy since 1985. The visual acuity in his 
right eye is no light perception and in his left eye, 20/20. Following 
an examination in 2010, his optometrist noted, ``It is my continued 
opinion that Mr. Alvarez has sufficient vision to perform the driving 
tasks required for commercial driving.'' Mr. Alvarez reported that he 
has driven straight trucks for 3\1/2\ years, accumulating 175,000 miles 
and tractor-trailer combinations for 5 years, accumulating 500,000 
miles. He holds a Class A Commercial Driver's License (CDL) from 
Massachusetts. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Wayne D. Bost

    Mr. Bost, 75, has had macular degeneration in his left eye since 
childhood. The visual acuity in his right eye is 20/20 and in his left 
eye, 20/70. Following an examination in 2010, his ophthalmologist 
noted, ``I certify that in my medical opinion he has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Bost reported that he has driven buses for 13 years, 
accumulating 357,500 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.

James M. Brasher

    Mr. Brasher, 58, has had prosthetic left eye due to an accident 
that happened 30 years ago. The corrected visual acuity in his right 
eye is 20/20 and in his left eye, no light perception. Following an 
examination in 2010, his optometrist noted, ``In my opinion Mr. Brasher 
has sufficient vision to operate a commercial vehicle.'' Mr. Brasher 
reported that he has driven straight trucks for 37 years, accumulating 
1.8 million miles. He holds a Class A CDL from Alabama. His driving 
record for the last 3 years shows one crash, for which he was not cited 
and no convictions for moving violations in a CMV.

Marcus L. Conner

    Mr. Conner, 52, 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 2010, his ophthalmologist 
noted, ``This in no way in my medical opinion this limits his ability 
to operate safely a commercial vehicle.'' Mr. Conner reported that he 
has driven straight trucks for 12 years, accumulating 115,200 miles and 
tractor-trailer combinations for 1.8 years, accumulating 80,546 miles. 
He holds a Class A CDL from Texas. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Joseph L. Dahlman

    Mr. Dahlman, 29, 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, 20/100. Following an examination in 2010, his 
optometrist noted, ``I am confident in certifying Joseph as having the 
vision skills necessary to have the ability to perform the driving 
tasks required to operate a commercial motor vehicle.'' Mr. Dahlman 
reported that he has driven straight trucks for 10[frac12] years, 
accumulating 420,000 miles. He holds an operator's license from 
Washington. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Brett K. Hasty

    Mr. Hasty, 28, 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, 20/15. Following an examination in 2010, his ophthalmologist 
noted, ``My medical opinion is that Mr. Hasty has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Hasty reported that he has driven straight trucks for 5\3/4\ years, 
accumulating 8,625 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.

Frederick A. Irby

    Mr. Irby, 61, has had a displaced pupil in his right eye since 
childhood. 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, ``I feel Mr. Irby has sufficient vision to 
drive a commercial vehicle as in the past 30 years.'' Mr. Irby reported 
that he has driven straight trucks for 40 years, accumulating 192,000 
miles and tractor-trailer combinations for 37 years, accumulating 
414,400 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.

Matthew B. Lairamore

    Mr. Lairamore, 29, has a retinal detachment in his right eye due to 
a traumatic injury sustained as a child. The best corrected visual 
acuity in his right eye is no light perception and in his left eye, 20/
20. Following an examination in 2010, his ophthalmologist noted, ``He 
has chronic, permanent vision loss in the right eye; however, he has 
adequate vision in the left eye, both central and peripheral to perform 
all needed tasks for operating a commercial vehicle.'' Mr. Lairamore 
reported that he has driven straight trucks for 9 years, accumulating 
90,000 miles and tractor-trailer combinations for 9 years, accumulating 
18,000 miles. He holds a Class D operator's license from Oklahoma. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Garry D. Layton

    Mr. Layton, 50, has had strabismic amblyopia in his left eye since 
birth. The corrected visual acuity in his right eye is 20/20 and in his 
left eye, 20/100. Following an examination in 2010, his optometrist 
noted, ``I certify that Garry Layton, in my medical opinion, has more 
than sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Layton reported that he has driven tractor-
trailer combinations for 4 years, accumulating 260,000 miles. He holds 
a Class A CDL from Texas. His driving record for the last 3 years shows 
no crashes and no convictions for moving violations in a CMV.

Boynton L. Manuel

    Mr. Manuel, 67, has had a retinal detachment in his left eye due to 
an accident in 1985. The best corrected visual acuity in his right eye 
is 20/20 and in his left eye, hand motion only. Following an 
examination in 2010, his optometrist noted, ``In my medical opinion Mr. 
Manuel has sufficient vision for driving a commercial vehicle.'' Mr. 
Manuel reported that he has driven straight trucks for 50 years, 
accumulating 910,000 miles. He holds a Class D 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.

Anthony W. Miller

    Mr. Miller, 37, has had a misshapened pupil and a retinal 
detachment in his left eye since birth. The best corrected visual 
acuity in his right eye is 20/15 and in his left eye, 20/200. Following 
an examination in 2010, his optometrist

[[Page 77944]]

noted, ``In my medical opinion, Anthony possesses adequate corrected 
vision to safely perform his commercial driving.'' Mr. Miller reported 
that he has driven straight trucks for 12 years, accumulating 624,000 
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.

Wesley G. Moore

    Mr. Moore, 62, has had aphakia in his left eye since childhood due 
to trauma. The visual acuity in his right eye is 20/20 and in his left 
eye, light perception only. Following an examination in 2010, his 
optometrist noted, ``In my medical opinion, he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Moore reported that he has driven straight trucks for 5 years, 
accumulating 100,000 miles and tractor-trailer combinations for 32 
years, accumulating 3.2 million miles. He holds a Class A CDL from 
Arkansas. 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.

Rocky Moorhead

    Mr. Moorhead, 52, has had complete loss of vision in his right eye 
since childhood due to trauma. The best corrected visual acuity in his 
right eye is no light perception and in his left eye, 20/20. Following 
an examination in 2010, his optometrist noted, ``In my medical opinion, 
Rocky has sufficient vision in his left eye to operate a commercial 
vehicle.'' Mr. Moorhead reported that he has driven straight trucks for 
25 years, accumulating 875,000 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.

Gary J. Peterson

    Mr. Peterson, 62, has had a prosthetic right eye since 1982. The 
best corrected visual acuity in his left eye is 20/20. Following an 
examination in 2010, his optometrist noted, ``In my opinion Mr. 
Peterson has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle as he has been doing with one eye since 
1982.'' Mr. Peterson reported that he has driven straight trucks for 45 
years, accumulating 1.8 million miles and tractor-trailer combinations 
for 45 years, accumulating 1.8 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.

Bernard J. Phillips

    Mr. Phillips, 67, has had longstanding corneal scar in his left eye 
due to an injury 45 years ago. The corrected visual acuity in his right 
eye is 20/20 and in his left eye, 20/80. Following an examination in 
2010, his optometrist noted, ``In my opinion he has sufficient central 
and peripheral vision to continue to safely perform the tasks needed to 
operate a commercial vehicle.'' Mr. Phillips reported that he has 
driven tractor-trailer combinations for 43 years, accumulating 5.3 
million miles. He holds a Class A CDL from Washington. 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 mph.

Michael J. Roberts

    Mr. Roberts, 32, has had amblyopia in his right eye since birth. 
The visual acuity in his right eye is 20/200 and in his left eye, 20/
20. Following an examination in 2010, his optometrist noted, ``Based 
upon my examination and his visual result tests, in my opinion, Mike 
has sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Roberts reported that he has driven straight 
trucks for 15 years, accumulating 750,000 miles and tractor-trailer 
combinations for 6 years, accumulating 270,000 miles. He holds a Class 
A CDL from Montana. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Alvaro F. Rodriguez

    Mr. Rodriguez, 48, has had complete loss of vision in his left eye 
since childhood. The visual acuity in his right eye is 20/25 and in his 
left eye, light perception only. Following an examination in 2010, his 
ophthalmologist noted, ``In my medical opinion, he has sufficient 
vision to perform driving tasks required to operate a commercial 
vehicle.'' Mr. Rodriquez reported that he has driven straight trucks 
for 9 years, accumulating 540,000 miles and tractor-trailer 
combinations for 9 months, accumulating 120,000 miles. He holds a Class 
A CDL from Texas. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Bobby W. Sawyers

    Mr. Sawyers, 55, 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/
200. Following an examination in 2010, his optometrist noted, ``It is 
my medical opinion that he has sufficient vision to operate a 
commercial vehicle.'' Mr. Sawyers reported that he has driven straight 
trucks for 10 years, accumulating 560,000 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.

Lynn R. Schraeder

    Mr. Schraeder, 42, has had a prosthetic left eye since birth. The 
visual acuity in his right eye is 20/20. Following an examination in 
2010, his optometrist noted, ``Patient has sufficient vision to perform 
driving tasks of commercial vehicle.'' Mr. Schraeder reported that he 
has driven tractor-trailer combinations for 26 years, accumulating 
936,000 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.

John R. Shaver

    Mr. Shaver, 57, has had traumatic neuropathy in his left eye since 
childhood due to an injury. The best corrected visual acuity in his 
right eye is 20/20 and in his left eye, 20/5/200. Following an 
examination in 2010, his ophthalmologist noted, ``Mr. Shaver has 
sufficient vision to perform driving tasks that is required to operate 
a commercial vehicle.'' Mr. Shaver reported that he has driven straight 
trucks for 41 years, accumulating 2.3 million miles. He holds a Class M 
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.

Myron A. Smith

    Mr. Smith, 57, has had complete loss of vision in his left eye due 
to a traumatic injury sustained as a child. The best corrected visual 
acuity in his right eye is 20/20 and in his left eye, no light 
perception. Following an examination in 2010, his optometrist noted, 
``In my opinion, the patient's right eye is healthy, stable, and has 
adequate vision acuity and peripheral vision to operate a commercial 
vehicle.'' Mr. Smith reported that he has driven straight trucks for 40 
years, accumulating 160,000 miles and tractor-trailer combinations for 
2 years, accumulating 10,000 miles. He holds a Class D operator's 
license from Minnesota. His driving record for the last 3 years shows 
no crashes and no

[[Page 77945]]

convictions for moving violations in a CMV.

Ricky L. Watts

    Mr. Watts, 49, has had macular scarring in his left eye since 2002. 
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, ``He meets the requirements of the State of Florida to be able 
to drive safely, and I see no reason for him to have any visual 
hindrance to interstate commercial driving.'' Mr. Watts reported that 
he has driven tractor-trailer combinations for 24 years, accumulating 
1.8 million miles. He holds a Class A CDL from Florida. His driving 
record for the last 3 years shows one crash, for which he was cited, 
and one conviction for a moving violation in a CMV; careless driving.

Cameron R. Whitford

    Mr. Whitford, 50, has had a prosthetic right eye since childhood. 
The best corrected visual acuity in his right eye is 20/20. Following 
an examination in 2010, his optometrist noted, ``Cameron Whitford in my 
opinion has sufficient vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Whitford reported that he has 
driven straight trucks for 6 years, accumulating 240,000 miles. He 
holds a Class B CDL from New York. His driving record for the last 3 
years shows one crash, for which he was not cited, and no convictions 
for moving violations in a CMV.

Olen L. Williams, Jr.

    Mr. Williams, 59, has had ischemic optic neuropathy in his left eye 
since 2003. The best corrected visual acuity in his right eye is 20/25 
and in his left eye, count-finger vision. Following an examination in 
2010, his optometrist noted, ``In my opinion Mr. Williams has 
sufficient vision to operate any commercial motor vehicle safely and 
efficiently.'' Mr. Williams reported that he has driven tractor-trailer 
combinations for 34 years, accumulating 5.1 million miles. He holds a 
Class A CDL from Tennessee. His driving record for the last 3 years 
shows no crashes and one conviction for a moving violation. He exceeded 
the speed limit by 10 mph.

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 January 13, 2011. 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: December 6, 2010.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2010-31263 Filed 12-13-10; 8:45 am]
BILLING CODE 4910-EX-P