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 22, 2011
[Federal Register: February 22, 2011 (Volume 76, Number 35)]
[Notices]
[Page 9856-9859]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22fe11-140]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0010]
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 23 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
[[Page 9857]]
without meeting the Federal vision standard.
DATES: Comments must be received on or before March 24, 2011.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0010 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, 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC, between.
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
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 23 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
Jody L. Baker
Mr. Baker, age 38, has had a retinal detachment and cystoid macular
edema in his right eye since 2000. 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, ``Mr. Baker, it is my
opinion, without reservation, that you have sufficient vision to
perform the driving tasks required to operate a commerical vehicle.''
Mr. Baker reported that he has driven straight trucks for 17 years,
accumulating 1.2 million miles. He holds a Class E operator's license
from Missouri. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.
Gary W. Balcom
Mr. Balcom, 69, has had age related macular degeneration since
2007. 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 certify that, in my medical opinion, Mr. Balcom
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Balcom reported that he has driven buses
for 7 years, accumulating 165,438 miles. He holds a Class B Commercial
Driver's License (CDL) from Michigan. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Jimmie L. Blue
Mr. Blue, 71, has had juveline macular degeneration that has been
present in both eyes since age 21. The best corrected visual acuity in
his right eye is 20/100 and in his left eye, 20/30. Following an
examination in 2010, his optometrist noted, ``Thus it is my opinion
that he has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Blue reported that he has driven
tractor-trailer combinations for 45 years, accumulating 29 million
miles. He holds a Class A CDL from Montana. His driving record for the
last 3 years shows no crashes and one conviction for a moving violation
in a CMV; he was driving on the wrong side of the road.
Ronald Cook
Mr. Cook, 53, has had optic nerve hypoplasia in his right eye since
birth. 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, ``In my opinion, Mr. Cook is capable of the visual
tasks required to operate a commercial vehicle.'' Mr. Cook reported
that he has driven straight trucks for 25 years, accumulating 150,000
miles and tractor-trailer combinations for 25 years, accumulating
187,500 miles. He holds a Class A CDL from Alabama. His driving record
for the last 3 years shows one crash in a CMV, for which he was not
cited, and no convictions for moving violations in a CMV.
James H. Corby
Mr. Corby, 40, has loss of vision in his right eye due to corneal
graft surgery in 2000. 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 optometrist noted, ``In my medical opinion,
Jim can continue to drive a commercial vehicle, as he has done for the
last three years.'' Mr. Corby reported that he has driven straight
trucks for 3 years, accumulating 15,600 miles. He holds a Class C
operator's license from Pennsylvania. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Bobby D. Cox
Mr. Cox, 62, has had central vision loss in his right eye due to
macular hemes and scarring since 2002. The visual acuity in his right
eye is 20/400 and in his left eye, 20/20. Following an examination in
2010, his optometrist noted, ``In my professional opinion, Mr.
[[Page 9858]]
Cox should have no difficulty performing his duties while driving a
commercial vehicle and should continue driving as he has previously.''
Mr. Cox reported that he has driven straight trucks for 15 years,
accumulating 262,500 miles and tractor-trailer combinations for 19\1/2\
years accumulating 1.7 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.
Wesley M. Creamer
Mr. Creamer, 46, has had a nuclear cataract in his left eye due to
an injury sustained at age 9. 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, ``I believe he has
sufficient vision to perform the driving tasks required to operate a
commerical vehicle.'' Mr. Creamer reported that he has driven straight
trucks for 15\1/2\ years, accumulating 77,500 miles and tractor-trailer
combinations for 18 years, accumulating 270,000 miles. He holds a Class
A CDL from New Mexico. His driving record for the last 3 years shows no
crashes and two convictions for speeding in a CMV. In the first
incidence, he exceeded the speed limit by 10 miles per hour (MPH) and
in the second incidence, he exceeded the speed limit by 8 MPH.
Gerald S. Dennis
Mr. Dennis, 51, has had strabismic amblyopia in his right eye since
birth. 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, ``In my medical opinion, Gerald Dennis, has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Dennis reported that he has driven straight
trucks for 4 years, accumulating 110,000 miles. He holds a Class D
operator's license from Iowa. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.
Cleveland E. Edwards
Mr. Edwards, 39, has had refractive amblyopia in his left eye since
birth. The best corrected visual acuity in his right eye is 20/20 and
in his left eye, 20/800. Following an examination in 2010, his
optometrist noted, ``I certify that Cleveland Edwards has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Edwards reported that he has driven straight trucks for
3 years, accumulating 93,504 miles and tractor-trailer combinations for
6 months, accumulating 24,600 miles. He holds a Class D operator's
license from Kentucky. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.
Thomas Grandfield
Mr. Grandfield, 65, 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
ophthalmologist noted, ``I certify in my medical opinion, that Thomas
Grandfield has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Grandfield reported that he has
driven straight trucks for 37 years, accumulating 270,100 miles. He
holds a Class D operator's license from Massachusetts. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Bruce J. Greil
Mr. Greil, 55, has had decreased vision in his right eye since 1990
due to coate's disease and a retinal detachment. 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, ``Bruce's
vision is stable and his vision is adequate to perform all required
driving tasks associated with a commercial vehicle.'' Mr. Greil
reported that he has driven straight trucks for 34 years, accumulating
1.6 million miles. He holds a Class B CDL from Wisconsin. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Johnnie L. Hall
Mr. Hall, 51, has myopic degeneration and moderate amblyopia in his
left eye since childhood. The best corrected visual acuity in his right
eye is 20/25 and in his left eye, 20/100. Following an examination in
2010, his opthalmologist noted, ``In my medical opinion, he should
continue to drive commercial vehicles.'' Mr. Hall reported that he has
driven straight trucks for 25 years, accumulating 650,000 miles and
tractor-trailer combinations for 25 years, accumulating 1.4 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.
Jerry L. Hofer
Mr. Hofer, 58, has had a prosthetic left eye due to an eye injury
sustained at age 5. The best corrected visual acuity in his right eye
is 20/15. Following an examination in 2010, his optometrist noted,
``Mr. Hofer's vision has been stable for many years and I believe he
has adequate vision to drive and operate a commerical vehicle safely.''
Mr. Hofer reported that he has driven buses for 4.9 years, accumulating
31,850 miles. He holds a Class B CDL from New Mexico. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Charles R. Hoeppner
Mr. Hoeppner, 64, has had refractive 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, ``According to the guidelines set by the U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, this patient has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' He holds a
Class C operator's license from Maryland. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Lester H. Killingsworth
Mr. Killingsworth, 57, has had ambloypia in his left eye since
birth. 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, ``Therefore, in my medical opinion, I certify that
Mr. Killingsworth has sufficient vision to operate a commercial
vehicle.'' Mr. Killingsworth reported that he has driven straight
trucks for 4\1/2\ years, accumulating 540,000 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.
Joseph F. Lopez, III
Mr. Lopez, 53, 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, ``In my opinion, Joseph
Lopez has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Lopez reported that he has driven
straight trucks for 3 years, accumulating 24,000 miles. He holds a
Class D operator's license from Illinois. His driving record for the
last 3 years
[[Page 9859]]
shows no crashes and no convictions for moving violations in a CMV.
Thomas E. Moore
Mr. Moore, 56, has had amblyopia in his right eye since childhood.
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, ``Thomas has apparently operated a commercial
vehicle for many years and is, in my opinion, capable of continuing
this type of work.'' Mr. Moore reported that he has driven straight
trucks for 23 years, accumulating 230,000 miles. He holds a Class C
operator's license from Pennsylvania. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
John F. Murphy
Mr. Murphy, 51, has had strabismic amblyopia in his right eye since
birth. 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 optometrist noted, ``I feel that Mr. Murphy has stable strabismic
amblyopia OD that he has had since childbirth. I feel that he has
vision to operate a commercial vehicle''. Mr. Murphy reported that he
has driven straight trucks for 12 years, accumulating 624,000 miles and
tractor-trailer combinations for 15 years accumulating 1.6 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.
Michael O. Regentik
Mr. Regentik, 56, has had central loss of vision in his right eye
due to an eye injury that occurred in 1985. The best corrected visual
acuity in his right eye is 20/400 and in his left eye, 20/25. Following
an examination in 2010, his opthamologist noted, ``I am currently
obtaining a copy of his previous records to compare against my exam;
however, it appears that Mr. Regentik has been driving commerical
vehicles for many years with this level of vision. I believe that his
vision is sufficient to continue to do so.'' Mr. Regentik reported that
he has driven straight trucks for 27 years, accumulating 1.1 million
miles and tractor-trailer combinations for 5 years accumulating 50,000
miles. He holds a Class A CDL from Michigan. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.
Larry D. Robinson
Mr. Robinson, 40, has had ambloypia 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, ``It is my medical opinion that Larry Robinson has sufficient
vision to perform driving tasks required to operate a commercial
vehicle.'' Mr. Robinson reported that he has driven straight trucks 12
years, accumulating 240,000 miles. He holds a Class B CDL from
Missouri. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.
David Serrano
Mr. Serrano, 46, has had amblyopia in his left eye since childhood.
The 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
medical opinion, Mr. Serrano has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Serrano
reported that he has driven straight trucks for 2 years, accumulating
6,000 miles and tractor-trailer combinations for 6 years accumulating
36,000 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.
Bill J. Thierolf
Mr. Thierolf, 55, has had loss of vision in his left eye due to
retinal detachment since 1981. The visual acuity in his right eye is
20/20 and in his left eye, count-finger vision. Following an
examination in 2010, his optometrist noted, ``Mr. Thierolf has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Thierolf reported that he has driven straight
trucks for 26 years, accumulating 520,000 miles and tractor-trailer
combinations for 20 years accumulating 600,000 miles. He holds a Class
A CDL from Nebraska. His driving record for the last 3 years shows one
crash, which he was not cited for, and no convictions for moving
violations in a CMV.
Edward Timpson
Mr. Timpson, 76, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his right eye is 20/200 and in his
left eye, 20/25. Following an examination in 2010, his optometrist
noted, ``I certify in my medical opinion that Mr. Timpson has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Timpson reported that he has driven tractor-
trailer combinations for 58 years accumulating 522,000 miles. He holds
a Class 10 operator's license from Rhode Island. 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 24, 2011. 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: February 15, 2011.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2011-3905 Filed 2-18-11; 8:45 am]
BILLING CODE 4910-EX-P