Qualification of Drivers; Exemption Applications; Vision

Larry W. Minor
Federal Motor Carrier Safety Administration
September 28, 2010

[Federal Register: September 28, 2010 (Volume 75, Number 187)]
[Notices]               
[Page 59793-59795]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se10-133]                         


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0161]

 
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 17 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 28, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0161 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online 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 online.
    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 the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19476). This information is 
also available at http://www.regulations.gov.

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 17 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

Ramon Adame

    Mr. Adame, age 48, has had retinal detachment in his left eye since 
1983. The best corrected visual acuity in his right eye is 20/20 and in 
his left eye, light perception only. Following an examination in 2009, 
his optometrist noted, ``Has sufficient vision to drive a commercial 
vehicle.'' Mr. Adame reported that he has driven straight trucks for 6 
years, accumulating 165,000 miles. He holds a Class B Commercial 
Driver's License (CDL) from Illinois. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Calvin D. Bills

    Mr. Bills, 59, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/70 and in his 
left eye, 20/20. Following an examination in 2009, his optometrist 
noted, ``Mr. Calvin Bills, in my opinion, has the ability and 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Bills reported that he has driven straight 
trucks for 5 years, accumulating 50,000 miles and tractor-trailer 
combinations for 10 years, accumulating 4 million miles. He holds a 
Class A CDL from Virginia. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Joel W. Bryant

    Mr. Bryant, 53, has had a prosthetic right eye since 1990 due to a 
traumatic injury. The best corrected visual acuity in his left eye is 
20/20. Following an examination in 2009, his optometrist noted, ``Mr. 
Bryant appears to have sufficient vision to perform driving tasks in 
operating a commercial vehicle using his left eye.'' Mr. Bryant 
reported that he has driven straight trucks for 32 years, accumulating 
1.2 million miles and tractor-trailer combinations for 3 years, 
accumulating 150,000 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.

Jonathan Carriaga

    Mr. Carriaga, 35, 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, 20/60. Following an examination in 2010, his 
optometrist noted, ``In my medical opinion Jonathan Carriaga has 
sufficient vision with or without glasses to drive a commercial vehicle 
safely.'' Mr. Carriaga reported that he has driven straight trucks for 
12 years, accumulating 62,400 miles and tractor-trailer combinations 
for 10 years, accumulating 52,000 miles. He holds a Class A CDL from 
New Mexico. His driving record for the last 3 years shows no crashes 
and no convictions for moving violations in a CMV.

Michael R. Clark

    Mr. Clark, 54, has had macular scarring in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/200 
and in his left eye, 20/15. Following an examination in 2010, his 
optometrist noted, ``It is my medical opinion that Mr. Clark has 
sufficient vision to

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perform all driving tasks required of him to drive a commercial 
vehicle.'' Mr. Clark reported that he has driven straight trucks for 5 
years, accumulating 100,000 miles and tractor-trailer combinations for 
26 years accumulating 1.3 million miles. He holds a Class A CDL from 
Tennessee. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

James D. Drabek, Jr.

    Mr. Drabek, 52, has had idiopathic macular choroidal 
neovascularization in both eyes since 1998. 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 optometrist noted, ``James Drabek, Jr. has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Drabek reported that he has driven tractor-
trailer combinations for 28 years, accumulating 1.4 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.

Curtis E. Firari

    Mr. Firari, 54, has had macular scarring in his left eye since 
1976. The best corrected visual acuity in his right eye is 20/15 and in 
his left eye, 20/350. Following an examination in 2010, his optometrist 
noted, ``In my opinion, Curt has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Firari 
reported that he has driven tractor-trailer combinations for 33 years 
accumulating 330,000 miles. He holds a Class A CDL from Wisconsin. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Percy L. Gaston

    Mr. Gaston, 57, has had central vision loss 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 
2010, his ophthalmologist noted, ``Patient has sufficient vision at 
this time to operate a commercial vehicle.'' Mr. Gaston reported that 
he has driven straight trucks for 2 years, accumulating 5,200 miles and 
tractor-trailer combinations for 29 years, accumulating 105,560 miles. 
He holds a Class A CDL from Texas. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Ronald M. Green

    Mr. Green, 51, has had central serous retinopathy in his right eye 
since 1997. The best corrected visual acuity in his right eye is 20/60 
and in his left eye, 20/15. Following an examination in 2010, his 
optometrist noted, ``I certify that in my medical opinion, Ronald Green 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Green reported that he has driven tractor-
trailer combinations for 13 years, accumulating 1 million 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.

Richard Iocolano

    Mr. Iocolano, 51, has had retinal scarring 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 
ophthalmologist noted, ``In my opinion Richard has sufficient vision to 
perform the driving tasks required to operate a commercial vehicle 
safely.'' Mr. Iocolano reported that he has driven straight trucks for 
35 years, accumulating 350,000 miles. He holds a Class B CDL from New 
York. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Daniel W. Johnson

    Mr. Johnson, 50, has had retinal scarring in his right eye since 
2002. The best corrected visual acuity in his right eye is light 
perception only and in his left eye, 20/20. Following an examination in 
2010, his optometrist noted, ``There would be no reason to think that 
he could not perform all the visual tasks required to drive. It is my 
opinion that he is visually able to perform commercial driving tasks.'' 
Mr. Johnson reported that he has driven straight trucks for 3 years, 
accumulating 39,000 miles. He holds a Class A CDL from New York. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Albert E. Joiner

    Mr. Joiner, 53, has had macular scarring 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 2009, his 
ophthalmologist noted, ``In my medical opinion, I believe the applicant 
has sufficient vision to perform the driving tasks required to operate 
a commercial vehicle.'' Mr. Joiner reported that he has driven straight 
trucks for 4 years, accumulating 166,400 miles and tractor-trailer 
combinations for 33 years accumulating 2.5 million 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.

Richard L. Kelley

    Mr. Kelley, 72, has had optic nerve atrophy in his left eye since 
2000. The best corrected visual acuity in his right eye is 20/25 and in 
his left eye, 20/150. Following an examination in 2010, his 
ophthalmologist noted, ``It is my opinion that he has sufficient vision 
to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Kelley reported that he has driven tractor-trailer 
combinations for 27 years, accumulating 3.3 million 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.

Charles E. Queen

    Mr. Queen, 53, sustained traumatic injury to his left optic nerve 
at age 14. The best corrected visual acuity in his right eye is 20/20 
and in his left eye, 20/300. Following an examination in 2009, his 
optometrist noted, ``In my medical opinion, Charles E. Queen has 
sufficient peripheral vision to perform the driving tasks required to 
operate a commercial vehicle.'' Mr. Queen reported that he has driven 
straight trucks for 26 years, accumulating 1.6 million miles and 
tractor-trailer combinations for 26 years, accumulating 1.6 million 
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.

Matias P. Quintanilla

    Mr. Quintanilla, 47, has a ruptured globe in his left eye due to a 
traumatic injury sustained in 2005. The best corrected visual acuity in 
his right eye is 20/20 and in his left eye, hand-motion vision. 
Following an examination in 2010, his optometrist noted, ``In my 
opinion, he should have sufficient vision to operate a commercial 
vehicle.''
    Mr. Quintanilla reported that he has driven tractor-trailer 
combinations for 9 years, accumulating 720,000 miles. He holds a Class 
A CDL from California. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Richard T. Traigle

    Mr. Traigle, 49, has had macular scarring in his left eye since 
2000. The best corrected visual acuity in his right eye is 20/20 and in 
his left eye, 20/200. Following an examination in 2010, his

[[Page 59795]]

ophthalmologist noted, ``In my medical opinion, Mr. Traigle has 
sufficient vision to perform any driving tasks that he may need to 
perform in operating a commercial vehicle.'' Mr. Traigle reported that 
he has driven straight trucks for 15 years, accumulating 300,000 miles. 
He holds a Class D chauffeur's from Louisiana. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Eugene E. Wright

    Mr. Wright, 62, has had amblyopia in his left eye since 1998. 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 ophthalmologist 
noted, ``In my opinion he has adequate visual acuity and field to drive 
a commercial vehicle.'' Mr. Wright reported that he has driven tractor-
trailer combinations for 16 years, accumulating 1.5 million 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.

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 28, 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: September 21, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-24204 Filed 9-27-10; 8:45 am]
BILLING CODE 4910-EX-P