Qualification of Drivers; Exemption Applications; Vision, 67248-67249 [2011-28039]

Download as PDF jlentini on DSK4TPTVN1PROD with NOTICES 67248 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices These factors—such as age, sex, geographic location, mileage driven and conviction history—are used every day by insurance companies and motor vehicle bureaus to predict the probability of an individual experiencing future crashes (See Weber, Donald C., ‘‘Accident Rate Potential: An Application of Multiple Regression Analysis of a Poisson Process,’’ Journal of American Statistical Association, June 1971). A 1964 California Driver Record Study prepared by the California Department of Motor Vehicles concluded that the best overall crash predictor for both concurrent and nonconcurrent events is the number of single convictions. This study used 3 consecutive years of data, comparing the experiences of drivers in the first 2 years with their experiences in the final year. Applying principles from these studies to the past 3-year record of the 16 applicants, none of the applicants was involved in crashes and two of the applicants were convicted of moving violations in a CMV. All the applicants achieved a record of safety while driving with their vision impairment, demonstrating the likelihood that they have adapted their driving skills to accommodate their condition. As the applicants’ ample driving histories with their vision deficiencies are good predictors of future performance, FMCSA concludes their ability to drive safely can be projected into the future. We believe that the applicants’ intrastate driving experience and history provide an adequate basis for predicting their ability to drive safely in interstate commerce. Intrastate driving, like interstate operations, involves substantial driving on highways on the interstate system and on other roads built to interstate standards. Moreover, driving in congested urban areas exposes the driver to more pedestrian and vehicular traffic than exists on interstate highways. Faster reaction to traffic and traffic signals is generally required because distances between them are more compact. These conditions tax visual capacity and driver response just as intensely as interstate driving conditions. The veteran drivers in this proceeding have operated CMVs safely under those conditions for at least 3 years, most for much longer. Their experience and driving records lead us to believe that each applicant is capable of operating in interstate commerce as safely as he/she has been performing in intrastate commerce. Consequently, FMCSA finds that exempting these applicants from the vision standard in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to that existing without VerDate Mar<15>2010 17:21 Oct 28, 2011 Jkt 226001 the exemption. For this reason, the Agency is granting the exemptions for the 2-year period allowed by 49 U.S.C. 31136(e) and 31315 to the 16 applicants listed in the notice of September 7, 2011 (76 FR 55465). We recognize that the vision of an applicant may change and affect his/her ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the 16 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency’s vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the standard in 49 CFR 391.41(b)(10) and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. Discussion of Comments FMCSA received four comments in this proceeding. The comments were considered and discussed below. Robert C. Jeffries, Tadd R. Jeffries, Scott Kappleman and Christ Metz are all in favor of granting a Federal vision exemption to Jeffery Mueller, they indicated that they have all worked with the applicant and have no objections to FMCSA granting him a vision exemption. Conclusion Based upon its evaluation of the 16 exemption applications, FMCSA exempts Darrell G. Anthony, Jerry W. Branning, Stacey J. Buckingham, Gary E. Butler, Ronnie J. Fieck, James E. Knarr, Sr., Michael A. Lawson, Thomas J. Malama, Jeffrey A. Mueller, Harold L. Pearsall, Phillip M. Pridgen, Sr., Eric W. Schmidt, Gerald D. Stidham, Douglas A. Suraci, Michael L. Watters, Sr., and Keith Wentz from the vision requirement in 49 CFR 391.41(b)(10), PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 subject to the requirements cited above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person fails to 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. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: October 17, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011–28040 Filed 10–28–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2011–0276] 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 4 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 November 30, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2011–0276 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, DATES: E:\FR\FM\31OCN1.SGM 31OCN1 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices 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. Background jlentini on DSK4TPTVN1PROD with NOTICES 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 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. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, 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: Mr. Howard, 44, has had refractive amblyopia in his left eye since birth. The best corrected visual acuity in his right eye 20/20 and in his left eye, 20/ 400. Following an examination in 2011, his optometrist noted, ‘‘In my medical opinion, Terry Howard has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Howard reported that he has driven tractor-trailer combinations for 4 years, accumulating 280,000 miles. He holds a Class D operator’s license 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 4 individuals listed in this notice have each requested such an exemption from VerDate Mar<15>2010 17:21 Oct 28, 2011 Jkt 226001 Qualifications of Applicants Tracey L. Butcher Mr. Butcher, age 39, has had central scotoma in his right eye due to a traumatic injury sustained as a child. The best corrected visual acuity in his right eye 20/3000 and in his left eye, 20/ 20. Following an examination in 2011, his optometrist noted, ‘‘In my opinion, has sufficient vision to perform driving tasks required in the operation of a commercial vehicle.’’ Mr. Butcher reported that he has driven straight trucks for 10 years, accumulating 650,000 miles and tractor-trailer combinations for 13 years, accumulating 201,500 miles. He holds a Class A Commercial Driver’s License (CDL) from Virginia. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Keith M. Calvert Mr. Calvert, 60, has had central scotoma in his left eye for the past 20 years. The best corrected visual acuity in his right eye 20/20 and in his left eye, 20/200. Following an examination in 2011, his ophthalmologist noted, ‘‘It is my opinion that he has sufficient vision with glasses to operate a commercial vehicle, I believe that his condition is stable.’’ Mr. Calvert reported that he has driven straight trucks for 5 years, accumulating 750,000 miles, tractortrailer combinations for 6 years, accumulating 1.6 million miles and buses for 2 years, accumulating 100,000 miles. He holds a Class C 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. Terry G. Howard PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 67249 from Kentucky. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. David M. Taylor Mr. Taylor, 49, has a prosthetic left eye due to a traumatic injury since he was two years old. The best corrected visual acuity in his right eye 20/120. Following an examination in 2011, his optometrist noted, ‘‘Dave has sufficient vision to perform the operation of commercial vehicles.’’ Mr. Taylor reported that he has driven straight trucks for 6 years, accumulating 510,000 miles. He holds a Class A CDL from Missouri. 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 November 30, 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: October 17, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011–28039 Filed 10–28–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review Maritime Administration, DOT. Notice and request for comments. AGENCY: ACTION: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and SUMMARY: E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Pages 67248-67249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28039]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0276]


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 4 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 November 30, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0276 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,

[[Page 67249]]

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: Elaine M. Papp, Chief, 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 4 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

Tracey L. Butcher

    Mr. Butcher, age 39, has had central scotoma in his right eye due 
to a traumatic injury sustained as a child. The best corrected visual 
acuity in his right eye 20/3000 and in his left eye, 20/20. Following 
an examination in 2011, his optometrist noted, ``In my opinion, has 
sufficient vision to perform driving tasks required in the operation of 
a commercial vehicle.'' Mr. Butcher reported that he has driven 
straight trucks for 10 years, accumulating 650,000 miles and tractor-
trailer combinations for 13 years, accumulating 201,500 miles. He holds 
a Class A Commercial Driver's License (CDL) from Virginia. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Keith M. Calvert

    Mr. Calvert, 60, has had central scotoma in his left eye for the 
past 20 years. The best corrected visual acuity in his right eye 20/20 
and in his left eye, 20/200. Following an examination in 2011, his 
ophthalmologist noted, ``It is my opinion that he has sufficient vision 
with glasses to operate a commercial vehicle, I believe that his 
condition is stable.'' Mr. Calvert reported that he has driven straight 
trucks for 5 years, accumulating 750,000 miles, tractor-trailer 
combinations for 6 years, accumulating 1.6 million miles and buses for 
2 years, accumulating 100,000 miles. He holds a Class C 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.

Terry G. Howard

    Mr. Howard, 44, has had refractive amblyopia in his left eye since 
birth. The best corrected visual acuity in his right eye 20/20 and in 
his left eye, 20/400. Following an examination in 2011, his optometrist 
noted, ``In my medical opinion, Terry Howard has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Howard reported that he has driven tractor-trailer combinations for 
4 years, accumulating 280,000 miles. He holds a Class D operator's 
license from Kentucky. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

David M. Taylor

    Mr. Taylor, 49, has a prosthetic left eye due to a traumatic injury 
since he was two years old. The best corrected visual acuity in his 
right eye 20/120. Following an examination in 2011, his optometrist 
noted, ``Dave has sufficient vision to perform the operation of 
commercial vehicles.'' Mr. Taylor reported that he has driven straight 
trucks for 6 years, accumulating 510,000 miles. He holds a Class A CDL 
from Missouri. 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 November 30, 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: October 17, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-28039 Filed 10-28-11; 8:45 am]
BILLING CODE 4910-EX-P