Qualification of Drivers; Exemption Applications; Vision

Qualification of Drivers; Exemption Applications; Vision

Topics: Federal Motor Carrier Safety Administration

Qualification of Drivers; Exemption Applications; Vision

Larry W. Minor
Federal Register
October 17, 2011

[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Notices]
[Pages 64169-64171]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26690]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0190]

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 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 November 16, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0190 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: 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 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

Kevin G. Clem

Mr. Clem, 49, has had retinal detachment in his left eye due to a
traumatic injury that occurred in 1982. The best corrected visual
acuity in his right eye is 20/15, and in his left eye is 20/600.
Following an examination in 2011, his ophthalmologist noted, ``Kevin
has driven with a commercial driver's license for years and, in my
opinion, his visual and ocular functioning would not restrict his
ability to continue driving commercially.'' Mr. Clem reported that he
has driven tractor-trailer combinations for 9\1/2\ years, accumulating
665,000 miles. He holds a

[[Page 64170]]

Class A CDL from South Dakota. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Richard A. Hackney

Mr. Hackney, 36, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/20, and in his
left eye, hand motion vision. Following an examination in 2011, his
ophthalmologist noted, ``It is my medical opinion that Mr. Hackney has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Hackney reported that he has driven straight
trucks for 15 years, accumulating 30,000 miles. He holds a Class E
operator's license from Missouri. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Rocky J. Lachney

Mr. Lachney, 28, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his left eye is 20/20, and in his
right eye, 20/150. Following an examination in 2011, his optometrist
noted, ``I certify, in my opinion, he has sufficient vision to safely
drive a commercial vehicle.'' Mr. Lachney reported that he has driven
straight trucks for 6 years, accumulating 28,800 miles and tractor-
trailer combinations for 6 years, accumulating 600 miles. He holds a
Class D chauffeur's license from Louisiana. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Herman Martinez

Mr. Martinez, 55, has had complete loss of vision in his right eye
due to an injury sustained in 1976. The best corrected visual acuity in
his left eye is 20/15. Following an examination in 2011, his
ophthalmologist noted, ``It is my opinion, Mr. Martinez has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Martinez reported that he has driven straight trucks for
34 years, accumulating 136,000 miles and tractor-trailer combinations
for 21 years, accumulating 84,000 miles. He holds a Class D operator's
license from New Mexico. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.

Charles L. McClendon

Mr. McClendon, 48, has a prosthetic left eye, due to injury since
childhood. The best corrected visual acuity in his right eye is 20/20.
Following an examination in 2011, his optometrist noted, ``In my
professional opinion, Mr. McClendon is visually qualified to operate a
commercial vehicle.'' Mr. McClendon reported that he has driven
straight trucks for 7 years, accumulating 84,000 miles. He holds a
Class E operator's license from Florida. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Gerald L. Pagan

Mr. Pagan, 50, 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, 20/350. Following an examination in 2011, his optometrist noted,
``I, Andrew J. Lovsin, OD, certify that Mr. Jerry Pagan has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Pagan reported that he has driven tractor-trailer
combinations for 4 years, accumulating 436,800 miles. He holds a Class
A CDL from North Carolina. 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.

Danny C. Pope

Mr. Pope, 50, 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, light perception. Following an examination in 2011, his
optometrist noted, ``He will be able to drive a commercial vehicle
since he is correctable to 20/20 in his right eye.'' Mr. Pope reported
that he has driven straight trucks for 6 years, accumulating 294,000
miles and tractor-trailer combinations for 31 years, accumulating 2.6
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.

David A. Rice

Mr. Rice, 47, has a prosthetic left eye due to a traumatic injury
sustained in 2000. The best corrected visual acuity in his right eye is
20/30. Following an examination in 2011, his optometrist noted, ``I
feel he has sufficient vision to perform his commercial vehicle driving
tasks.'' Mr. Rice reported that he has driven straight trucks for 16
years, accumulating 3,200 miles and tractor-trailer combinations for 16
years, accumulating 3,200 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.

Levi A. Shetler

Mr. Shetler, 38, has had central retinal vein occlusion in his
right eye since 2006. 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 opinion that Mr. Shetler does have
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Shetler reported that he has driven straight
trucks for 3\1/2\ years, accumulating 28,000 miles. He holds a Class B
CDL from Ohio. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Rick E. Smith

Mr. Smith, 52, 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 2011, his optometrist
noted, ``Please be advised that I have certified that Rick Smith has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Smith reported that he has driven straight
trucks for 31 years, accumulating 930,000 miles and tractor-trailer
combinations for 31 years, accumulating 930,000 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.

Juan E. Sotero

Mr. Sotero, 47, has had postenor ureal malignant melanoma in his
right eye since 2000. The best corrected visual acuity in his right eye
is 20/300, and in his left eye is 20/25. Following an examination in
2011, his optometrist noted, ``In my opinion, Mr. Sotero has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Sotero reported that he has driven straight trucks for
5.9 years, accumulating 44,250 miles. He holds a Class B CDL from
Florida. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Randell K. Tyler

Mr. Tyler, 40, has had complete loss of vision in his right eye due
to toscoplasmosis since childhood. The visual acuity in his left eye is
20/20. Following an examination in 2011, his ophthalmologist noted, ``I
feel he has sufficient vision to drive a commercial vehicle.'' Mr.
Tyler reported that he has driven straight trucks for 10 years,
accumulating 200,000 miles. He holds a Class D operator's license from
Alabama. His driving record for the last

[[Page 64171]]

3 years shows no crashes and no convictions for moving violations in a
CMV.

Steven R. Wetlesen

Mr. Wetlesen, 44, has had retinal detachment in his left eye due to
an injury sustained at age 14. The best corrected visual acuity in his
right eye is 20/20 and in his left eye light perception only. Following
an examination in 2011, his ophthalmologist noted, ``Mr. Wetlesen has
stable visual impairment of the left eye due to trauma. No significant
change in his eye exam is anticipated. Given that he has safely
operated commercial vehicles in the past, I am of the medical opinion
that he is safe to continue operating commercial vehicles.'' Mr.
Wetlesen reported that he has driven straight trucks for 11 years,
accumulating 220,000 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.

Jeffrey K. Yockey

Mr. Yockey, 51, has had cataract and a retinal scar in his left eye
due to an injury since age 10. The best corrected visual acuity in his
right eye is 20/20, and in his left eye, 20/50. Following an
examination in 2011, his optometrist noted, ``I believe that Mr. Yockey
meets the criteria you specify and that he has sufficient vision to
perform the essential tasks of driving a commercial vehicle.'' Mr.
Yockey reported that he has driven tractor-trailer combinations for 33
years, accumulating 4.6 million miles. He holds a Class A CDL from
Ohio. His driving record for the last 3 years shows no crashes and two
convictions for speeding in a CMV; in the first instance, he exceeded
the speed limit by 11 mph and in the second incidence, he exceeded the
speed limit by 4 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 November 16, 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 6, 2011.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2011-26690 Filed 10-14-11; 8:45 am]
BILLING CODE 4910-EX-P