Qualification of Drivers; Exemption Applications; Vision

Larry W. Minor
Federal Motor Carrier Safety Administration
September 9, 2010

[Federal Register: September 9, 2010 (Volume 75, Number 174)]
[Notices]               
[Page 54958-54960]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se10-139]                         


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0201]

 
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 15 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 October 12, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0201 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 acknowledgment 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: 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 15 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

James B. Bierschbach

    Mr. Bierschbach, age 50, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/15 
and in his left eye, 20/70. Following an examination in 2010, his 
optometrist noted, ``In my medical opinion, this patient has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle safely.'' Mr. Bierschbach reported that he has driven straight 
trucks for 22 years, accumulating 1.3 million miles and tractor-trailer 
combinations for 5 years, accumulating 525,000 miles. He holds a Class 
A Commercial Driver's License (CDL) from Minnesota. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

John P. Catalano

    Mr. Catalano, 44, 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, 20/50. Following an examination in 2010, his 
optometrist noted, ``In my medical opinion, he has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle.'' 
Mr. Catalano reported that he has driven straight trucks for 26 years, 
accumulating 1 million miles. He holds a Class D operator's license 
from New Jersey. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Tyrone O. Friese

    Mr. Friese, 61, has had a prosthetic left eye due to trauma since 
1981. The best corrected visual acuity in his right eye is 20/20. 
Following an examination in 2010, his optometrist noted, ``In my 
medical opinion, Mr. Friese has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Friese 
reported that he has driven straight trucks for 44 years, accumulating 
440,000 miles and tractor-trailer combinations for 14 years, 
accumulating 280,000 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.

Randy M. Lane

    Mr. Lane, 46, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is count-finger 
vision only and in his left eye, 20/30. Following an examination in 
2010, his ophthalmologist noted, ``My medical opinion is that Randy has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Lane reported that he has driven straight 
trucks for 15 years, accumulating 75,000 miles. He holds a Class B CDL 
from Pennsylvania. 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.

Mark E. Lapp

    Mr. Lapp, 45, has a prosthetic left eye due to a traumatic injury 
sustained in 1990. The best corrected visual acuity in

[[Page 54959]]

his right eye is 20/16. Following an examination in 2010, his 
ophthalmologist noted, ``It is in my medical opinion that he has 
sufficient vision to operate a commercial vehicle.'' Mr. Lapp reported 
that he has driven straight trucks for 23 years, accumulating 23,000 
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.

David S. Matheny

    Mr. Matheny, 51, 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, count-finger vision only. Following an examination in 2010, his 
optometrist noted, ``It is my professional opinion that Mr. David 
Matheny's vision with corrective lenses is sufficient to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Matheny 
reported that he has driven tractor-trailer combinations for 4 years, 
accumulating 400,000 miles. He holds a Class A CDL from Washington. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Frank G. Merrill

    Mr. Merrill, 62, 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, count-finger vision only. Following an examination in 2010, his 
optometrist noted, ``In my opinion, individuals amblyopic in one and 
normal peripheral vision function very well in everyday life and 
driving, whether personal or commercial.'' Mr. Merrill reported that he 
has driven straight trucks for 45 years, accumulating 450,000 miles and 
tractor-trailer combinations for 45 years, accumulating 450,000 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.

Shannon L. Puckett

    Mr. Puckett, 33, has had amblyopia in his right eye since birth. 
The best corrected visual acuity in his right eye is 20/140 and in his 
left eye, 20/20. Following an examination in 2010, his optometrist 
noted, ``It is my medical opinion that he does have sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Puckett reported that he has driven tractor-trailer 
combinations for 11 years, accumulating 1.1 million miles. He holds a 
Class A CDL from Kentucky. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Leo S. Ruiz, Jr.

    Mr. Ruiz, 59, has had macular scarring in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/25 
and in his left eye, 20/200. Following an examination in 2010, his 
ophthalmologist noted, ``In my opinion, Mr. Ruiz has sufficient vision 
to operate a commercial vehicle.'' Mr. Ruiz reported that he has driven 
straight trucks for 2 years, accumulating 100,000 miles and tractor-
trailer combinations for 31 years, accumulating 1.7 million miles. He 
holds a Class A CDL from California. His driving record for the last 3 
years shows no crashes and one conviction for a moving violation in a 
CMV. He was cited for a cell phone violation.

Ronald B. Shafer

    Mr. Shafer, 66, 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, 20/400. Following an examination in 2010, his optometrist 
noted, ``Mr. Shafer should have sufficient vision to operate a 
commercial vehicle.'' Mr. Shafer reported that he has driven straight 
trucks for 15 years, accumulating 39,000 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.

Thomas M. Sharp

    Mr. Sharp, 50, has had a prosthetic right eye due to trauma since 
1982. The best corrected visual acuity in his left eye is 20/15. 
Following an examination in 2010, his ophthalmologist noted, ``I expect 
that Mr. Sharp's condition will remain stable and in my opinion, has 
more than adequate vision to operate a commercial vehicle.'' Mr. Sharp 
reported that he has driven straight trucks for 30 years, accumulating 
525,000 miles and tractor-trailer combinations for 8 years, 
accumulating 24,000 miles. He holds a Class A CDL from Maine. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Ranjodh Singh

    Mr. Singh, 30, has had complete loss of vision in his left eye 
since childhood due to trauma. The best corrected visual acuity in his 
right eye is 20/20. Following an examination in 2010, his 
ophthalmologist noted, ``In our expert opinion, Mr. Singh has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Singh reported that he has driven tractor-
trailer combinations for 5 years, accumulating 350,000 miles. He holds 
a Class A CDL from California. His driving record for the last 3 years 
shows no crashes and one conviction for a moving violation in a CMV. He 
exceeded the speed limit by 11 miles per hour.

Kenneth M. Sova

    Mr. Sova, 48, 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 2010, his ophthalmologist 
noted, ``I feel that Mr. Sova has sufficient peripheral visual fields 
and should not affect his ability to operate a commercial vehicle.'' 
Mr. Sova reported that he has driven straight trucks for 27 years, 
accumulating 67,500 miles. He holds an operator's license from Indiana. 
His driving record for the last 3 years shows no crashes and one 
conviction for a moving violation in a CMV. He was cited for an 
improper turn at an intersection.

Mark A. Thornton

    Mr. Thornton, 48, lost his left eye due to a traumatic injury 
sustained in 1985. The best corrected visual acuity in his right eye is 
20/20. Following an examination in 2010, his ophthalmologist noted, 
``Mark has been driving commercially since 1980 and has sufficient 
vision in his right eye to operate a commercial vehicle in the same 
way.'' Mr. Thornton reported that he has driven straight trucks for 25 
years, accumulating 3 million miles and tractor-trailer combinations 
for 30 years, accumulating 3.6 million miles. He holds a Class A CDL 
from Washington. His driving record for the last 3 years shows no 
crashes and no convictions for a moving violation in a CMV.

Earl L. White, Jr.

    Mr. White, 66, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/25 and in his left 
eye, 20/200. Following an examination in 2010, his optometrist noted, 
``In my opinion, Mr. White has adequate vision to perform the driving 
tasks required to operate a commercial motor vehicle.'' Mr. White 
reported that he has driven straight trucks for 40 years, accumulating 
5.5 million miles. He holds a Class A CDL from New Hampshire. His 
driving record for the last 3 years shows no crashes and one conviction 
for a moving

[[Page 54960]]

violation in a CMV. He was cited for operating a CMV while uninsured.

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, 2010. 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: August 28, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-22479 Filed 9-8-10; 8:45 am]
BILLING CODE 4910-EX-P