Qualification of Drivers; Exemption Applications; Vision, 25764-25766 [2011-11016]
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25764
Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Notices
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.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION:
jlentini on DSKJ8SOYB1PROD with NOTICES
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 106
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 4 applicants lacked
sufficient driving experience during the
3-year period prior to the date of their
applications:
Jerry Swedberg, James Marrone, Clinton
H. Ezell, Wanda Rivera.
The following 17 applicants had no
experience operating a CMV:
Howard Karrick, Alexander Tsvetkov,
Jamie Donald Daniels, Robert S.
Lewton, Michael A. Carson, Todd J.
Stubb, James Garvin, James McGlown,
Larry McKnight, Jr., Tommy Nguyen,
Fatos Syla, Bryan Baker, Ivan Castillo
Leon, Jared Matthew Bauer, Shaun
Adam Cahoon, John David Beebee,
Donald Cyrus Zwanzig.
The following 9 applicants did not
have 3 years of experience driving a
CMV on public highways with the
vision deficiency:
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17:22 May 04, 2011
Jkt 223001
Christopher Kahl, Althea Renita Dowell,
Steven DuBois, Steve Campbell,
Kenneth Trouth, Robert Hendricks,
Sam Antinora, Juan Curiel, Keith
Reed.
The following 12 applicants did not
have 3 years of recent experience
driving a CMV with the vision
deficiency:
Gary Aliff, Pedro Pulido, Oliver
Murphy, Jerome Smalls, Alan Jenkins,
Ryan Forsythe, Terry L. Randoll,
Edward Joseph Simanek III, Sven R.
Aragon, Joe Alfred Root, Gary L.
Smith, Arthur B. Wolf.
The following 7 applicants did not
have sufficient driving experience
during the past 3 years under normal
highway operating conditions:
Robert Salazar, Evan Anderson, John
Lunsford, Jerome Sheets, Robert Seals,
James Lucas, Gregory T. Grierson.
The following 2 applicants do not
have sufficient peripheral vision in the
better eye to qualify for an exemption.
Thomas L. Newingham, Joseph Barlow.
The following 2 applicants do not
have sufficient visual acuity in the
better eye to qualify for an exemption.
Earl L. Wilson, Richard Stewart.
The following 2 applicants had a
commercial driver’s license suspension
during the 3-year review period for
moving violations. Applicants do not
qualify for an exemption with a
suspension during the 3-year period.
Royce Thomas, Randy Fielder.
The following 4 applicants were
denied for miscellaneous/multiple
reasons:
Ramon Green, Larry Hattery, Joey
Heuser, Travis Tucker.
The following 2 applicants never
submitted the required documents:
Floyd Butler, John Jacobson.
The following 13 applicants met the
current federal vision standards.
Exemptions are not required for
applicants who meet the current
regulations for vision:
David Everts, John Flanders, John
Harmon, Jeffery Willemarck, Rick
Smith, Luther Smith, Frank Piscitello,
Jr., Cortez Burnett, Lee Rains, Yewnet
Lakew, Marci Casteel, Ronald Boggs,
Robert Shanks.
Finally, the following 32 applicants
will not be driving interstate, interstate
commerce, or not required to carry a
DOT medical card:
Jose Becerra, Merle Burger, Kenneth
Dean, Tyrane Harper, Robert Jones,
Alfonzo Hawthorne, Nathaniel Guy
Edwards, John C. Yoder, Fred Jeffrey,
Albert Parker, James Plemmons, Roy
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
Priest, Robert Shepherd, Thomas
Guckert, Barry L. Ream, Roger
Freeman, Timothy Curran, Jonathan
Black Elk, Ward Howard, Alberto
Mireles, Jr., Jeremy Pruemer, Larry
Keith Abbott, Alan G. Paci, John
Savage, Edward Lee Clark, Robert
Haynes, Richard A. Whispell, Terry
Dennis Helm, Randy Lee Stevens,
Rodney D. Neujahr, Dennis R.
Bergstrom, Thomas E. Elliott.
Issued on: April 22, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011–11019 Filed 5–4–11; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2011–0079]
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 14 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 June 6, 2011.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2011–0079 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
DATES:
E:\FR\FM\05MYN1.SGM
05MYN1
Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Notices
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s Privacy Act
Statement for the 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:
jlentini on DSKJ8SOYB1PROD with NOTICES
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the Federal Motor Carrier Safety
Regulations for a 2-year period if it finds
‘‘such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption.’’
FMCSA can renew exemptions at the
end of each 2-year period. The 14
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
VerDate Mar<15>2010
17:22 May 04, 2011
Jkt 223001
exemption will achieve the required
level of safety mandated by statute.
Qualifications of Applicants
Mr. Bernath, age 53, has no light
perception in his right eye due to brain
and ocular trauma that occurred in
1996. The best corrected visual acuity in
his right eye is no light perception and
in his left eye, 20/20. Following an
examination in 2011, his optometrist
noted, ‘‘My medical opinion is that this
patient has sufficient vision function to
perform the driving tasks required to
operate a commerical vehicle.’’ Mr.
Bernath reported that he has driven
straight trucks for 30 years,
accumulating 180,000 miles and tractortrailer combinations for 25 years,
accumulating 125,000 miles. He holds a
Class A Commercial Driver’s License
(CDL) from Ohio. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Jason M. Birrenkott
Mr. Birrenkot, 38, has had ectopia
lentis with cataract in his left eye since
birth. The best corrected visual acuity in
his right eye is 20/20 and in his left eye,
count-finger vision. Following an
examination in 2010, his optometrist
noted, ‘‘I certify, in my medical opinion,
that Mr. Birrenkott has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle.’’ Mr.
Birrenkott reported that he has driven
straight trucks for 9 years, accumulating
162,000 miles. He holds a Class D
operator’s license from North Dakota.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
John E. Edler, lll
Mr. Edler, 50, has had a retinal scar
in his right eye since 1979. The best
corrected visual acuity in his right eye
is 20/400 and in his left eye, 20/20.
Following an examination in 2011, his
optometrist noted, ‘‘It is my
understanding that Mr. Edler has
maintained a safe driving record for
many years and has always driven with
the visual disability of the right eye.
Since it has always been present, he has
functioned well, and his peripheral
visual acuity is excellent. There is no
reason to believe that he cannot
continue to operate commercial
vehicles.’’ Mr. Edler reported that he has
driven straight trucks for 31 years,
accumulating 77,500 miles and tractortrailer combinations for 29 years,
accumulating 232,000 miles. He holds a
Class A CDL from Delaware. His driving
Frm 00103
Fmt 4703
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Saul E. Fierro
Jan M. Bernath
PO 00000
25765
Sfmt 4703
Mr. Fierro, 37, has a macular scar 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, 20/200. Following an
examination in 2010, his optometrist
noted, ‘‘In my opinion, I believe that
Saul has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Fierro
reported that he has driven straight
trucks for 4 years, accumulating 57,600
miles. He holds a Class D operator’s
license from Arizona. His driving record
for the last 3 years shows no crashes and
no convictions for moving violations in
a CMV.
Mark T. Gileau
Mr. Gileau, 44, has had amblyopia in
his right eye since childhood. The best
corrected visual acuity in his right eye
is count-finger vision and in his left eye,
20/15. Following an examination in
2010, his ophthalmologist noted, ‘‘Mr.
Gileau has been driving commercial
vehicles for a number of years with his
present level of vision without incident
and because of this I feel he has
sufficient vision to perform driving
tasks required to operate a commercial
vehicle.’’ Mr. Gileau reported that he has
driven tractor-trailer combinations for
20 years, accumulating 240,000 miles.
He holds a Class A CDL from
Connecticut. His driving record for the
last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Peter D. Gouge
Mr. Gouge, 60, has a macular scar in
his left eye due to a traumatic injury
that occurred in 1976. The best
corrected visual acuity in his right eye
is 20/20 and in his left eye, count-finger
vision. Following an examination in
2010, his optometrist noted, ‘‘I, Karen
Anderson certify in my medical opinion
is that Mr. Peter Gouge has sufficient
vision function to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Gouge reported that he has
driven straight trucks for 27 years,
accumulating 21,600 miles and tractortrailer combinations for 27 years,
accumulating 1.2 million miles. He
holds a Class A CDL from Iowa. His
driving record for the last 3 years shows
no crashes but one conviction for
speeding in a CMV. He exceeded the
speed limit by 10 Miles Per Hour
(MPH).
E:\FR\FM\05MYN1.SGM
05MYN1
25766
Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Notices
Thomas M. Harris
Mr. Harris, 59, has had amblyopia in
his left eye since birth. The best
corrected visual acuity in his right eye
is 20/20 and in his left eye, 20/100.
Following an examination in 2010, his
optometrist noted, ‘‘Tom unquestionably
has the acuity, field, and perceptual
skills to perform commercial driving
tasks as he has been conducting for
many years.’’ Mr. Harris reported that he
has driven straight trucks for 13 years,
accumulating 507,000 miles. He holds a
Class B CDL from Michigan. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Paul M. Hinkson
Mr. Hinkson, 43, has complete loss of
vision in his right eye since childhood.
The best corrected visual acuity in his
left eye is 20/20. Following an
examination in 2010, his optometrist
noted, ‘‘Mr. Hinkson is fully capable of
performing all vision tasks required to
operate a commercial motor vehicle in
interstate commerce.’’ Mr. Hinkson
reported that he has driven straight
trucks for 16 years, accumulating
320,000 miles. He holds a Class A CDL
from Tennessee. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
jlentini on DSKJ8SOYB1PROD with NOTICES
Lyle H. Lightner
Mr. Lightner, 60, has loss of vision in
his left eye due to a traumatic injury
sustained at age 3. The best corrected
visual acuity in his right eye is 20/20
and in his left eye, no light perception.
Following an examination in 2011, his
optometrist noted, ‘‘In summary, Mr.
Lightner’s visual condition is stable and
is sufficient to perform required
commerical driving tasks.’’ Mr. Lightner
reported that he has driven straight
trucks for 40 years, accumulating 1.6
million miles. He holds a Class C
Chauffeur’s license from Michigan. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Ellie L. Murphree
Mr. Murphree, 69, has had central
retinal atrophy in his right eye since
2007. The best corrected visual acuity in
his right eye is 20/400 and in his left
eye, 20/20. Following an examination in
2010, his optometrist noted, ‘‘Therefore,
in my medical opinion, Mr. Murphree
has sufficient vision to perform driving
tasks required to operate a commercial
vehicle as he has done successfully
since at least 2007 and prior.’’ Mr.
Murphree reported that he has driven
tractor-trailer combinations for 50 years,
VerDate Mar<15>2010
17:22 May 04, 2011
Jkt 223001
accumulating 5.3 millon miles. He holds
a Class D operator’s license from
Alabama. His driving record for the last
3 years shows no crashes and no
convictions for moving violations in a
CMV.
Claude S. Overstreet
Mr. Overstreet, 58, has had amblyopia
in his left eye since childhood. The best
corrected visual acuity in his right eye
is 20/20 and in his left eye, 20/80.
Following an examination in 2010, his
optometrist noted, ‘‘In my medical
opinion, Claude Overstreet has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Overstreet reported that he
has driven straight trucks for 26 years,
accumulating 910,000 miles. He holds a
Class D operator’s license from
Alabama. His driving record for the last
3 years shows no crashes and no
convictions for moving violations in a
CMV.
James F. Partin
Mr. Partin, 67, has no light perception
in his left eye due to a traumatic injury
since childhood. The best corrected
visual acuity in his right eye is 20/20
and in his left eye, no light perception.
Following an examination in 2010, his
optometrist noted, ‘‘Mr. Partin has
sufficient vision in his right eye to
operate a commercial vehicle with no
restrictions.’’ Mr. Partin reported that he
has driven straight trucks for 46 years,
accumulating 920,000 miles. He holds a
Class A CDL from Florida. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
Kevin W. Van Arsdol
Mr. Van Arsdol, 48, has congenital
glaucoma in his right eye. The best
corrected visual acuity in his left eye,
20/20. Following an examination in
2011, his optometrist noted, ‘‘Since this
condition has been present and
unchanged since birth, and considering
Kevin has safely mantained a
commercial license for more than 20
years, I believe he has sufficient vision
to perform the driving tasks required to
operate a commercial vehicle’’. Mr. Van
Arsdol reported that he has driven
straight trucks for 1 year accumulating
140,000 miles and tractor-trailer
combinations for 26 years accumulating
2 million miles. He holds a Class A CDL
from Colorado. His driving record for
the last 3 years shows no crashes but
three convictions for speeding in a
CMV. In the first incident, he exceeded
the speed limit by 9 MPH, in the second
incident, he exceeded the speed limit by
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
12 MPH and in the third incident, he
exceeded the speed limit by 5 MPH.
Harlon C. VanBlaricom
Mr. VanBlaricom, 51, has only light
perception out of his left eye due to a
traumatic injury sustained at age 5. The
best corrected 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, ‘‘It is my opinion that Harlon has
sufficient vision needed to operate a
commercial vehicle.’’ Mr. VanBlaricom
reported that he has driven tractortrailer combinations for 30 years,
accumulating 1.5 million miles. He
holds a Class A CDL from Minnesota.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. The Agency will consider all
comments received before the close of
business June 6, 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: April 22, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011–11016 Filed 5–4–11; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2011–0092]
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 19 individuals for
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations. If granted, the exemptions
SUMMARY:
E:\FR\FM\05MYN1.SGM
05MYN1
Agencies
[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Pages 25764-25766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11016]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0079]
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 14 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 June 6, 2011.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0079 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
[[Page 25765]]
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 14 individuals listed in this notice have
each requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
Qualifications of Applicants
Jan M. Bernath
Mr. Bernath, age 53, has no light perception in his right eye due
to brain and ocular trauma that occurred in 1996. The best corrected
visual acuity in his right eye is no light perception and in his left
eye, 20/20. Following an examination in 2011, his optometrist noted,
``My medical opinion is that this patient has sufficient vision
function to perform the driving tasks required to operate a commerical
vehicle.'' Mr. Bernath reported that he has driven straight trucks for
30 years, accumulating 180,000 miles and tractor-trailer combinations
for 25 years, accumulating 125,000 miles. He holds a Class A Commercial
Driver's License (CDL) from Ohio. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Jason M. Birrenkott
Mr. Birrenkot, 38, has had ectopia lentis with cataract in his left
eye since birth. The best corrected visual acuity in his right eye is
20/20 and in his left eye, count-finger vision. Following an
examination in 2010, his optometrist noted, ``I certify, in my medical
opinion, that Mr. Birrenkott has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr.
Birrenkott reported that he has driven straight trucks for 9 years,
accumulating 162,000 miles. He holds a Class D operator's license from
North Dakota. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
John E. Edler, lll
Mr. Edler, 50, has had a retinal scar in his right eye since 1979.
The best corrected visual acuity in his right eye is 20/400 and in his
left eye, 20/20. Following an examination in 2011, his optometrist
noted, ``It is my understanding that Mr. Edler has maintained a safe
driving record for many years and has always driven with the visual
disability of the right eye. Since it has always been present, he has
functioned well, and his peripheral visual acuity is excellent. There
is no reason to believe that he cannot continue to operate commercial
vehicles.'' Mr. Edler reported that he has driven straight trucks for
31 years, accumulating 77,500 miles and tractor-trailer combinations
for 29 years, accumulating 232,000 miles. He holds a Class A CDL from
Delaware. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Saul E. Fierro
Mr. Fierro, 37, has a macular scar 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, 20/200. Following an
examination in 2010, his optometrist noted, ``In my opinion, I believe
that Saul has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Fierro reported that he has
driven straight trucks for 4 years, accumulating 57,600 miles. He holds
a Class D operator's license from Arizona. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Mark T. Gileau
Mr. Gileau, 44, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is count-finger
vision and in his left eye, 20/15. Following an examination in 2010,
his ophthalmologist noted, ``Mr. Gileau has been driving commercial
vehicles for a number of years with his present level of vision without
incident and because of this I feel he has sufficient vision to perform
driving tasks required to operate a commercial vehicle.'' Mr. Gileau
reported that he has driven tractor-trailer combinations for 20 years,
accumulating 240,000 miles. He holds a Class A CDL from Connecticut.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.
Peter D. Gouge
Mr. Gouge, 60, has a macular scar in his left eye due to a
traumatic injury that occurred in 1976. The best corrected visual
acuity in his right eye is 20/20 and in his left eye, count-finger
vision. Following an examination in 2010, his optometrist noted, ``I,
Karen Anderson certify in my medical opinion is that Mr. Peter Gouge
has sufficient vision function to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Gouge reported that he has driven
straight trucks for 27 years, accumulating 21,600 miles and tractor-
trailer combinations for 27 years, accumulating 1.2 million miles. He
holds a Class A CDL from Iowa. His driving record for the last 3 years
shows no crashes but one conviction for speeding in a CMV. He exceeded
the speed limit by 10 Miles Per Hour (MPH).
[[Page 25766]]
Thomas M. Harris
Mr. Harris, 59, has had amblyopia in his left eye since birth. The
best corrected visual acuity in his right eye is 20/20 and in his left
eye, 20/100. Following an examination in 2010, his optometrist noted,
``Tom unquestionably has the acuity, field, and perceptual skills to
perform commercial driving tasks as he has been conducting for many
years.'' Mr. Harris reported that he has driven straight trucks for 13
years, accumulating 507,000 miles. He holds a Class B CDL from
Michigan. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Paul M. Hinkson
Mr. Hinkson, 43, has complete loss of vision in his right eye since
childhood. The best corrected visual acuity in his left eye is 20/20.
Following an examination in 2010, his optometrist noted, ``Mr. Hinkson
is fully capable of performing all vision tasks required to operate a
commercial motor vehicle in interstate commerce.'' Mr. Hinkson reported
that he has driven straight trucks for 16 years, accumulating 320,000
miles. He holds a Class A CDL from Tennessee. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Lyle H. Lightner
Mr. Lightner, 60, has loss of vision in his left eye due to a
traumatic injury sustained at age 3. The best corrected visual acuity
in his right eye is 20/20 and in his left eye, no light perception.
Following an examination in 2011, his optometrist noted, ``In summary,
Mr. Lightner's visual condition is stable and is sufficient to perform
required commerical driving tasks.'' Mr. Lightner reported that he has
driven straight trucks for 40 years, accumulating 1.6 million miles. He
holds a Class C Chauffeur's license from Michigan. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Ellie L. Murphree
Mr. Murphree, 69, has had central retinal atrophy in his right eye
since 2007. The best corrected visual acuity in his right eye is 20/400
and in his left eye, 20/20. Following an examination in 2010, his
optometrist noted, ``Therefore, in my medical opinion, Mr. Murphree has
sufficient vision to perform driving tasks required to operate a
commercial vehicle as he has done successfully since at least 2007 and
prior.'' Mr. Murphree reported that he has driven tractor-trailer
combinations for 50 years, accumulating 5.3 millon miles. He holds a
Class D operator's license from Alabama. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Claude S. Overstreet
Mr. Overstreet, 58, has had amblyopia in his left eye since
childhood. The best corrected visual acuity in his right eye is 20/20
and in his left eye, 20/80. Following an examination in 2010, his
optometrist noted, ``In my medical opinion, Claude Overstreet has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Overstreet reported that he has driven
straight trucks for 26 years, accumulating 910,000 miles. He holds a
Class D operator's license from Alabama. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
James F. Partin
Mr. Partin, 67, has no light perception in his left eye due to a
traumatic injury since childhood. The best corrected visual acuity in
his right eye is 20/20 and in his left eye, no light perception.
Following an examination in 2010, his optometrist noted, ``Mr. Partin
has sufficient vision in his right eye to operate a commercial vehicle
with no restrictions.'' Mr. Partin reported that he has driven straight
trucks for 46 years, accumulating 920,000 miles. He holds a Class A CDL
from Florida. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Kevin W. Van Arsdol
Mr. Van Arsdol, 48, has congenital glaucoma in his right eye. The
best corrected visual acuity in his left eye, 20/20. Following an
examination in 2011, his optometrist noted, ``Since this condition has
been present and unchanged since birth, and considering Kevin has
safely mantained a commercial license for more than 20 years, I believe
he has sufficient vision to perform the driving tasks required to
operate a commercial vehicle''. Mr. Van Arsdol reported that he has
driven straight trucks for 1 year accumulating 140,000 miles and
tractor-trailer combinations for 26 years accumulating 2 million miles.
He holds a Class A CDL from Colorado. His driving record for the last 3
years shows no crashes but three convictions for speeding in a CMV. In
the first incident, he exceeded the speed limit by 9 MPH, in the second
incident, he exceeded the speed limit by 12 MPH and in the third
incident, he exceeded the speed limit by 5 MPH.
Harlon C. VanBlaricom
Mr. VanBlaricom, 51, has only light perception out of his left eye
due to a traumatic injury sustained at age 5. The best corrected 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, ``It is
my opinion that Harlon has sufficient vision needed to operate a
commercial vehicle.'' Mr. VanBlaricom reported that he has driven
tractor-trailer combinations for 30 years, accumulating 1.5 million
miles. He holds a Class A CDL from Minnesota. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. The Agency will consider all comments
received before the close of business June 6, 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: April 22, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-11016 Filed 5-4-11; 8:45 am]
BILLING CODE 4910-EX-P