Qualification of Drivers; Exemption Applications; Vision |
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Larry W. Minor
Federal Motor Carrier Safety Administration
November 15, 2010
[Federal Register: November 15, 2010 (Volume 75, Number 219)]
[Notices]
[Page 69737-69739]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no10-137]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0287]
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 December 15, 2010.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0287 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: Dr. Mary D. Gunnels, Director, Medical
[[Page 69738]]
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
Robert W. Blankenship
Mr. Blankenship, age 50, 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, 20/200. Following an examination in 2010, his
optometrist noted, ``In my opinion, Mr. Blankenship has sufficient
vision to perform the driving tasks to operate a commercial vehicle.''
Mr. Blankenship reported that he has driven straight trucks for 29
years, accumulating 580,000 miles and tractor-trailer combinations for
29 years, accumulating 2.3 million miles. He holds a Class A Commercial
Driver's License (CDL) from California. His driving record for the last
3 years shows one crash and one conviction for a moving violation in a
CMV. He exceeded the speed limit by 10 mph.
Bryan K. Deborde
Mr. Deborde, 39, 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, 20/50. Following an examination in 2010, his optometrist noted,
``It is my opinion that Mr. Deborde has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Deborde reported that he has driven tractor-trailer combinations for 19
years, accumulating 1.6 million miles. He holds a Class A CDL from
Washington. 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 10 miles per hour (mph).
Michael K. Engemann
Mr. Engemann, 32, has had a distorted cornea in his right eye since
1989 due trauma. The best corrected visual acuity in his right eye is
20/400 and in his left eye, 20/20. Following an examination in 2010,
his optometrist noted, ``Mike has sufficient vision to operate a
commercial vehicle.'' Mr. Engemann reported that he has driven straight
trucks for 12 years, accumulating 480,000 miles and tractor-trailer
combinations for 12 years, accumulating 960,000 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.
Pete R. Gonzalez
Mr. Gonzalez, 25, has had optic nerve atrophy in his right eye
since 1998 due to trauma. The best corrected visual acuity in his right
eye is 20/300 and in his left eye, 20/20. Following an examination in
2010, his optometrist noted, ``Pete has sufficient vision in the right
eye to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Gonzalez reported that he has driven straight trucks for
4 years, accumulating 360,000 miles and tractor-trailer combinations
for 4 years, accumulating 360,000 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.
John W. Harbaugh
Mr. Harbaugh, 62, has had amblyopia and optic atrophy in his right
eye since birth. The best corrected visual acuity in his right eye is
count-finger vision only and in his left eye, 20/20. Following an
examination in 2010, his ophthalmologist noted, ``Formal visual field
perimetry testing reveals 140 degrees of dynamic perception in the left
eye permitting Mr. Harbaugh to operate a commercial vehicle without
restrictions.'' Mr. Harbaugh reported that he has driven straight
trucks for 32 years, accumulating 1.2 million miles. He holds a Class B
CDL from Illinois. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Michael E. Herrera, Jr.,
Mr. Herrera, 53, has had primary open angle glaucoma in his left
eye since 2009. 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, ``In my professional opinion. Mr. Herrera has
sufficient vision to drive a commercial vehicle. Mr. Herrera reported
that he has driven straight trucks for 23 years, accumulating 23,000
miles and tractor-trailer combinations for 8 years, accumulating 8,000
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.
William E. Jacobs
Mr. Jacobs, 63, has had toxoplasmosis 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 2010, his
ophthalmologist noted, ``I feel he has sufficient vision to perform the
driver's tasks required to operate a commercial vehicle.'' Mr. Jacobs
reported that he has driven buses for 13 years, accumulating 247,000
miles. He holds a Class B CDL from Texas. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Perry D. Jensen
Mr. Jensen, 50, 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, 20/200. Following an examination in 2010, his optometrist
noted, ``This patient has sufficient vision to drive a commercial
vehicle.'' Mr. Jensen reported that he has driven straight trucks for
30 years, accumulating 600,000 miles and tractor-trailer combinations
for 30 years, accumulating 150,000 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.
Joseph L. Jones
Mr. Jones, 55, has had exotropia and amblyopia in his right eye
since childhood. The best corrected visual acuity in his right eye is
20/400 and in his left eye, 20/20. Following an examination in 2010,
his ophthalmologist noted, ``Mr. Jones exhibits sufficient vision to
operate a commercial vehicle.'' Mr. Jones reported that he has driven
straight trucks for 32 years, accumulating 480,000 miles and tractor-
trailer combinations for 32 years, accumulating 1.9 million miles. He
holds a Class A CDL from Maryland. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
[[Page 69739]]
Gary L. Nicholas
Mr. Nicholas, 53, has complete loss of vision in his right eye
since childhood. The best corrected visual acuity in his left eye is
20/20. Following an examination in 2010, his ophthalmologist noted, ``I
feel that he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Nicholas reported that
he has driven straight trucks for 36 years, accumulating 360,000 miles.
He holds a Class C chauffeur's license from Michigan. 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.
James G. Pitchford
Mr. Pitchford, 67, has had a prosthetic right eye since childhood.
The best corrected visual acuity in his left eye is 20/20. Following an
examination in 2010, his optometrist noted, ``It is my opinion that
this patient has sufficient vision to perform his driving tasks and
operate a commercial vehicle.'' Mr. Pitchford reported that he has
driven straight trucks for 20\1/2\ years, accumulating 483,585 miles
and tractor-trailer combinations for 20\1/2\ years, accumulating 1.1
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.
Virgil R. Story
Mr. Story, 50, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/400 and in his
left eye, 20/20. Following an examination in 2010, his optometrist
noted, ``I feel in my medical opinion that patient has sufficient
vision to perform his currently assigned driving tasks required to
operate a commercial vehicle.'' Mr. Story reported that he has driven
tractor-trailer combinations for 20 years, accumulating 1.6 million
miles. He holds a Class A CDL from Arkansas. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
John A. Thomas, Jr.
Mr. Thomas, 50, has had amblyopia 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 2010, his optometrist
noted, ``I find that his vision is adequate to operate any commercial
vehicle without glasses.'' Mr. Thomas reported that he has driven
straight trucks for 32 years, accumulating 640,000 miles and tractor-
trailer combinations for 32 years, accumulating 1.7 million 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.
Richard L. Totels
Mr. Totels, 57, has had macular scarring in his left eye since
childhood. The best corrected visual acuity in his right eye is 20/20
and in his left eye, 20/200. Following an examination in 2010, his
ophthalmologist noted, ``In my medical opinion, this patient has
adequate vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Totels reported that he has driven tractor-
trailer combinations for 37 years, accumulating 3.7 million 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.
James B. Woolwine
Mr. Woolwine, 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, 20/400. Following an examination in 2010, his
ophthalmologist noted, ``He has sufficient visual capabilities to
operate a commercial vehicle.'' Mr. Woolwine reported that he has
driven straight trucks for 4 years, accumulating 200,000 miles and
tractor-trailer combinations for 4 years, accumulating 60,000 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.
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 December 15, 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: November 5, 2010.
Larry W. Minor,
Associate Administrator, Office of Policy and Program Development.
[FR Doc. 2010-28699 Filed 11-12-10; 8:45 am]
BILLING CODE 4910-EX-P