Qualification of Drivers; Exemption Applications; Vision

Topics:  Federal Motor Carrier Safety Administration

Larry W. Minor
Federal Register
October 17, 2011

[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Notices]
[Pages 64164-64165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26747]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0275]


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 5 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-2011-0275 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.

[[Page 64165]]

    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 5 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

Michael W. Gibbs

    Mr. Gibbs, age 41, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye 20/60, and 
in his left eye 20/20. Following an examination in 2011, his 
optometrist noted, ``In my medical opinion, Michael W. Gibbs has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Gibbs reported that he has driven straight 
trucks for 12 years, accumulating 300,000 miles. He holds a Class C 
operator's license from North Carolina. His driving record for the last 
3 years shows no crashes and no convictions for moving violations in a 
CMV.

Frank E. Johnson, Jr.

    Mr. Johnson, 36, has had corneal opacification in his left eye due 
to a truamatic injury since childhood. 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, 
Mr. Johnson certainly has sufficient vision and visual field to perform 
the driving tasks required to operate a commercial vehicle.'' Mr. 
Johnson reported that he has driven straight trucks for 15 years, 
accumulating 93,600 miles. He holds a Class C 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.

Michael J. Robinson

    Mr. Robinson, 44, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye 20/20 and 
in his left eye, 20/200. Following an examination in 2011, his 
optometrist noted, ``In my opinion, Mr. Robinson, due to his years of 
compensating for amblyopia and having had his commercial operator's 
license for 26 years, has sufficient vision to operate a commercial 
vehicle.'' Mr. Robinson reported that he has driven straight trucks for 
26 years, accumulating 52,000 miles and tractor-trailer combinations 
for 26 years, accumulating 2.3 million miles. He holds a Class A CDL 
from West Virginia. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Fred L. Stotts

    Mr. Stotts, 52, has had complete loss of vision in his left eye due 
to an injury sustained 15 years ago. The best corrected visual acuity 
in his right eye 20/20. Following an examination in 2011, his 
optometrist noted, ``I would recommend Mr. Leroy Stotts to qualify for 
a vision exemption to operate a commercial motor vehicle without 
restriction.'' Mr. Stotts reported that he has driven straight trucks 
for 36 years, accumulating 1.6 million miles and tractor-trailer 
combinations for 27 years, accumulating 945,000 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.

James D. Zimmer

    Mr. Zimmer, 52, has an enucleation of his right eye due to an 
injury sustained in January 2007. The best corrected visual acuity in 
his left eye 20/20. Following an examination in 2011, his optometrist 
noted, ``Yes, sufficient vision to operate a commercial vehicle.'' Mr. 
Zimmer reported that he has driven straight trucks for 35 years, 
accumulating 605,000 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.

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 11, 2011.
 Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2011-26747 Filed 10-14-11; 8:45 am]
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