Qualification of Drivers; Exemption Applications; Vision |
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Topics: Federal Motor Carrier Safety Administration
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Larry W. Minor
Federal Register
February 11, 2011
[Federal Register: February 11, 2011 (Volume 76, Number 29)]
[Notices]
[Page 7894-7897]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe11-136]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0372]
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 19 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 March 14, 2011.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0372 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
[[Page 7895]]
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 19 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 L. Acree
Mr. Acree, age 56, has had chronic open angle glaucoma in his left
eye since 2006. 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 professional opinion, Mr. Acree has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Acree reported that he has driven straight
trucks for 20 years, accumulating 300,000 miles and tractor-trailer
combinations for 17 \1/2\; years accumulating 2.6 million miles. He
holds a Class A Commercial Driver's License (CDL) from Georgia. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Tracey M. Baucom
Mr. Baucom, 37, has had refractive amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/25 and in his left
eye, 20/400. Following an examination in 2010, his optometrist noted,
``In my medical opinion, Mr. Tracey Baucom has demonstrated that he has
sufficient vision to drive and operate commercial vehicle.'' Mr. Baucom
reported that he has driven straight trucks for 5 years, accumulating
125,000 miles and tractor-trailer combinations for 1 year accumulating
500 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.
David L. Botkins
Mr. Botkins, 58, has had corneal scar and amblyopia in his right
eye since 1961. The visual acuity in his right eye is count-finger
vision and in his left eye, 20/20. Following an examination in 2010,
his optometrist noted, ``Mr. Botkins has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Botkins reported that he has driven straight trucks for 33 years,
accumulating 57,750 miles. He holds a Class D operator's license from
New York. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Richard D. Flaherty
Mr. Flaherty, 50, has had a prosthetic right eye since 1999. The
best corrected visual acuity in his right eye is 20/15. Following an
examination in 2010, his ophthalmologist noted, ``In my medical opinion
Doug Flaherty has excellent vision in his remaining eye OS to safely
operate a commercial vehicle.'' Mr. Flaherty reported that he has
driven straight trucks for 15 years, accumulating 390,000 miles and
tractor-trailer combinations for 15 years accumulating 615,000 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. Holmes
Mr. Holmes, 61, has had ocular melanoma in his right eye since
2003. The best corrected visual acuity in his right eye is Light
perception and in his left eye, 20/20. Following an examination in
2010, his optometrist noted, ``It is in my medical opinion that patient
does have sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Holmes reported that he has driven
straight trucks for 39 years, accumulating 1.5 million miles and
tractor-trailer combinations for 11 years accumulating 110,000 miles.
He holds a Class A CDL from South Dakota. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
James W. Hoover
Mr. Hoover, 44, 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 optometrist
noted, ``With his level of vision and visual field I feel he has
adequate vision to drive commercially.'' Mr. Hoover reported that he
has driven straight trucks for 18 years, accumulating 270,000 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.
Mark C. Jeffrey
Mr. Jeffrey, 61, has had a central retinal vein occlusion in his
right eye since 2005. 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, ``In my medical opinion Mr. Mark Jeffrey has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Jeffrey reported that he has driven straight
trucks for 35 years, accumulating 8,750 miles and tractor-trailer
combinations for 30 years, accumulating 2.1 million miles. He holds a
Class A CDL from Montana. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Paul J. Jones
Mr. Jones, 45, has had complete loss of vision in his right eye
since birth. The best corrected visual acuity in his right eye is No
light perception and in his left eye, 20/20. Following an examination
in 2010, his ophthalmologist noted, ``I certify that in my opinion Mr.
Jones' vision is sufficient to perform his driving tasks of a
commercial vehicle.'' Mr. Jones reported that he has driven straight
trucks for 24 years, accumulating 210,000 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.
Pedro G. Limon
Mr. Limon, 39, has had amblyopia and aphakic in his right eye for
35 years. 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, ``In my opinion Mr. Limon has sufficient vision
to perform the duties to operate a commercial vehicle safely.'' Mr.
Limon reported that he has driven straight trucks for 6 years,
accumulating 280,800 miles. He holds a Class C operator's
[[Page 7896]]
license from Texas. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
William G. Marshall
Mr. Marshall, 56, 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, 20/400. Following an examination in 2010, his optometrist
noted, ``In my medical opinion Mr. William Marshall has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Marshall reported that he has driven straight trucks for
23 years, accumulating 851,000 miles and tractor-trailer combinations
for 20 years, accumulating 300,000 miles. He holds a Class A CDL from
Florida. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
Timothy S. Moore
Mr. Moore, 35, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/300 and in his left eye, 20/
20. Following an examination in 2010, his ophthalmologist noted, ``I
believe that Mr. Moore has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Moore reported
that he has driven tractor trailer combinations for 4 years,
accumulating 200,000 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.
Kenneth H. Morris
Mr. Morris, 42, has had prosthetic left eye since childhood. The
visual acuity in his right eye is 20/20. Following an examination in
2010, his optometrist noted, ``He has sufficient vision to drive a
commercial vehicle.'' Mr. Morris reported that he has driven straight
trucks for 18 years, accumulating 72,000 miles, tractor trailer
combinations for 18 years, accumulating 72,000 miles, and buses for 3
years, accumulating 9,000 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.
Shelby V. Nicholson
Mr. Nicholson, 58, 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, 20/100. Following an examination in 2010, his
optometrist noted, ``It is my medical opinion that visually Mr.
Nicholson is more than capable of performing the tasks required by him
in operating a commercial vehicle.''
Mr. Nicholson reported that he has driven straight trucks for 24
years, accumulating 2 million miles and tractor trailer combinations
for 27 years, accumulating 2.7 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.
Tracy J. Omeara
Mr. Omeara, 46, has had dense cataract and retinal damage in his
left eye due to an injury sustained 22 years ago. The visual acuity in
his right eye is 20/20 and in his left eye, count-finger vision.
Following an examination in 2010, his ophthalmologist noted, ``In my
opinion, Mr. Omeara has adequate vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Omeara reported that he
has driven tractor trailer combinations for 3 years, accumulating
53,481 miles. He holds a Class A CDL from Oregon. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.
Gary W. Pope
Mr. Pope, 43, has had complete loss of vision in his left eye due
to an infection since childhood. The best corrected visual acuity in
his right eye is 20/20. Following an examination in 2010, his
optometrist noted, ``In my professional opinion since Gary has had this
condition since early childhood, he is very well adapted and functional
to drive a commercial vehicle.'' Mr. Pope reported that he has driven
straight trucks for 13 years, accumulating 468,000 miles. He holds a
Class R operator's license from Colorado. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
George D. Ruth
Mr. Ruth, 56, 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,
``Mr. Ruth's vision seems sufficient to continue to operate a
commercial vehicle.'' Mr. Ruth reported that he has driven straight
trucks for 35 years, accumulating 1.7 million miles and tractor trailer
combinations for 35 years, accumulating 1.7 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.
Benjamin Stone
Mr. Stone, 38, has had amblyopia in his left eye due to an injury
34 years ago. The visual acuity in his right eye is 20/25 and in his
left eye, 20/400. Following an examination in 2010, his optometrist
noted, ``In my medical opinion Benjamin Stone has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Stone reported that he has driven straight trucks for 3 years,
accumulating 191,400 miles. He holds a Class B CDL from Virginia. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
James H. Wallace, Sr.
Mr. Wallace, 42, 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, 20/400. Following an examination in 2010, his optometrist noted,
``In my medical opinion, I believe Mr. James Wallace, Sr., has
sufficient vision to continue to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Wallace reported that he has driven
straight trucks for 3 years, accumulating 600,000 miles and tractor
trailer combinations for 7 years, accumulating 525,000 miles. He holds
a Class A CDL from Florida. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Ronald C. Wolfe
Mr. Wolfe, 74, has had macular degeneration in his right eye since
1987. The visual acuity in his right eye is 20/400 and in his left eye,
20/30. Following an examination in 2010, his ophthalmologist noted, ``I
certify that in my medical opinion that he has sufficient vision to
continue to perform driving tasks required to operate a commercial
vehicle.'' Mr. Wolfe reported that he has driven straight trucks for 54
years, accumulating 29,700 miles and tractor trailer combinations for
52 years, accumulating 13,000 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.
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 March 14, 2011. Comments will be
available for examination in the
[[Page 7897]]
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: January 31, 2011.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2011-2983 Filed 2-10-11; 8:45 am]
BILLING CODE 4910-EX-P