Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
September 12, 2012
[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Notices]
[Pages 56261-56262]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22461]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0216]
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 7 individuals for
exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. They are unable to meet the vision requirement in
one eye for various reasons. The exemptions will enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.
If granted, the exemptions would enable these individuals to qualify as
drivers of commercial motor vehicles (CMVs) in interstate commerce.
DATES: Comments must be received on or before October 12, 2012.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0216 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 Division, (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 7 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
Donald L. Blakeley II
Mr. Blakeley, age 60, has had loss of vision in his left eye due to
a traumatic incidence that occured in 1990. The best corrected visual
acuity in his right eye
[[Page 56262]]
is 20/15, and in his left eye, 20/200. Following an examination in
2012, his ophthalmologist noted, ``I certify in my opinion, which
includes your twenty years experience with this condition, that you
have sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Blakeley reported that he has driven
straight trucks for 44 years, accumulating 528,000 miles, and tractor-
trailer combinations for 35 years, accumulating 420,000 miles. He holds
a Class A Commercial Driver's License (CDL) from Nevada. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Paul M. Griffey
Mr. Griffey, 59, has loss of vision in his left eye due to retinal
necrosis sustained in 1996. The best corrected visual acuity in his
right eye is 20/25, and in his left eye, light perception only.
Following an examination in 2012, his ophthalmologist noted, ``He has
been operating a commercial vehicle with this level of vision for that
period of time and it is my feeling that he has the ability to continue
to operate a commercial vehicle.'' Mr. Griffey reported that he has
driven straight trucks for 2 years, accumulating 300,000 miles, and
tractor-trailer combinations for 38 years, accumulating 6.1 million
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.
Roger S. Hardin
Mr. Hardin, 41, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/60, and in his
left eye, 20/20. Following an examination in 2012, his optometrist
noted, ``It is my professional opinion that Mr. Hardin has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Hardin reported that he has driven tractor-trailer
combinations for 15 years, accumulating 1.9 million 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.
Stephen J. Hodge
Mr. Hodge, 53, has had corneal scarring 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 2012, his
optometrist noted, ``Therefore, Mr. Hodge does have sufficient field of
vision to perform the driving tasks required to operate a vehicle,
personal or commercial.'' Mr. Hodge reported that he has driven
straight trucks for 20 years, accumulating 600,000 miles. He holds a
Class C operator's license from Maine. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.
Matthew J. Mantooth
Mr. Mantooth, 44, has had fibrotic scarring due to toxoplasmosis in
his right eye since childhood. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2012, his optometrist noted, ``Patient's vision is medically
sufficient to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Mantooth reported that he has driven straight
trucks for 24 years, accumulating 624,000 miles, and tractor-trailer
combinations for 6 months, accumulating 10,500 miles. He holds a Class
D CDL from Kentucky. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
James J. Monticello
Mr. Monticello, 48, has a traumatic ruptured globe in his right eye
due to an accident sustained in 2008. The visual acuity in his right
eye is light perception only, and in his left eye, 20/20. Following an
examination in 2012, his ophthalmologist noted, ``Based on the
requirements listed here, with 20/20 vision and a full field of at
least 160[deg] in his left eye combined with his past experience, I
feel he has sufficient vision to operate a commercial vehicle.'' Mr.
Monticello reported that he has driven straight trucks for 5[frac12]
years, accumulating 247,500 miles, and tractor-trailer combinations for
3[frac12] years, accumulating 332,500 miles. He holds a Class A CDL
from Indiana. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Michael J. Wells
Mr. Wells, 56, has had refractive amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is hand
motion vision, and in his left eye, 20/20. Following an examination in
2012, his optometrist noted, ``It is my professional opinion that
Michael's vision is satisfactory for him to hold a commercial driver's
license and drive safely.'' Mr. Wells reported that he has driven
straight trucks for 40 years, accumulating 880,000 miles, and tractor-
trailer combinations for 20 years, accumulating 240,000 miles. He holds
a Class A CDL from North Carolina. 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 October 12, 2012. 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: September 4, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-22461 Filed 9-11-12; 8:45 am]
BILLING CODE 4910-EX-P