Qualification of Drivers; Exemption Applications; Vision, 77942-77945 [2010-31263]
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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
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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
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,
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
DATES:
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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 FDMS 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.
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.
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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.
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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
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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.
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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
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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.
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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
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17:09 Dec 13, 2010
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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
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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
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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
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]]>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]
-----------------------------------------------------------------------
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.
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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 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, 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 FDMS 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 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
