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
March 29, 2011
[Federal Register: March 29, 2011 (Volume 76, Number 60)]
[Notices]
[Page 17481-17483]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr11-109]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0024]
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 16 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 April 28, 2011.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0024 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
[[Page 17482]]
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 16 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
David W. Bennett
Mr. Bennett, age 48, 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 2011, his
ophthalmologist noted, ``Mr. Bennett has sufficient vision to perform
the driving task of driving a commercial vehicle.'' Mr. Bennett
reported that he has driven straight trucks for 5 years, accumulating
218,750 miles and tractor-trailer combinations for 13 years
accumulating 1.4 million miles. He holds a Class A Commercial Driver's
License (CDL) from North Carolina. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Toby L. Carson
Mr. Carson, 43, has a history of congenital cataracts. The best
corrected visual acuity in his right eye is 20/150 and in his left eye,
20/20. Following an examination in 2010, his ophthalmologist noted,
``Toby Carson has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Carson reported that he
has driven straight trucks for 15 years, accumulating 200,000 miles and
tractor-trailer combinations for 10 years accumulating 300,000 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.
Fredrick M. DeHoff, Jr.
Mr. Dehoff, 53, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/50 and in his
left eye, 20/20. Following an examination in 2010, his optometrist
noted, ``Fredrick, by vision examination, appears to have sufficient
vision to operate a commercial vehicle.'' Mr. DeHoff reported that he
has driven straight trucks for 15 years, accumulating 187,500 miles. He
holds a Class A CDL from Indiana. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Raul Donozo
Mr. Donozo, 35, has had loss of vision in his left eye since 1998.
The best corrected visual acuity in his right eye is 20/20. Following
an examination in 2011, his ophthalmologist noted, ``In my opinion, the
patient has sufficient vision for driving including commercial
vehicles.'' Mr. Donozo reported that he has driven straight trucks for
8 years, accumulating 417,600 miles. He holds a Class C operator's
license from California. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.
Rick A. Ervin
Mr. Ervin, 39, 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, hand motion vision. Following an examination in 2011, his
optometrist noted, ``Mr. Erwin's left eye amblyopia is of long-standing
and he has adapted well to his condition, and in my medical opinion,
has sufficient vision to perform the driving tasks to operate a
commercial vehicle.'' Mr. Ervin reported that he has driven straight
trucks 17 years, accumulating 510,000 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.
Clifford D. Johnson
Mr. Johnson, 44, has ocular trauma in his left eye sustained 25
years ago. The best corrected visual acuity in his right eye is 20/20
and in his left eye, no light perception. Following an examination in
2010, his optometrist noted, ``In my opinion Mr. Johnson has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Johnson reported that he has driven straight trucks 25
years, accumulating 700,000 miles and tractor-trailer combinations for
15 years accumulating 495,000 miles. He holds a Class A CDL from
Virginia. His driving record for the last 3 years shows one crash for
which he was cited and no convictions for moving violations in a CMV.
Dionicio Mendoza
Mr. Mendoza, 34, has a prosthetic right eye due to a traumatic
injury that occurred at age 2. The visual acuity in his left eye is 20/
20. Following an examination in 2010, his optometrist noted, ``After a
full eye health examination, this patient has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Mendoza reported that he has driven tractor-trailer
combinations for 5 years, accumulating 224,500 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.
David Kibble
Mr. Kibble, 48, has had a disciform central macular scar of his
right eye due to a traumatic injury to his right eye that occurred 30
years ago. 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, ``He has sufficient vision to perform driving tasks
to operate a commercial vehicle.'' Mr. Kibble reported that he has
driven straight trucks 30 years, accumulating 450,000 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.
Raymond J. Paiz
Mr. Paiz, 60, has monocular vision due to a traumatic injury to his
left eye that occurred 30 years ago. The visual acuity in his right eye
is 20/20. Following an examination in 2010, his optometrist noted, ``In
my optometric opinion, Mr. Paiz has sufficient vision and peripheral
vision to enable him to perform the driving tasks necessary to operate
a commercial vehicle.'' Mr. Paiz reported that he has driven straight
trucks 35 years, accumulating 1.8
[[Page 17483]]
million miles and tractor-trailer combinations for 35 years
accumulating 1.8 million 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.
Tyler R. Peebles
Mr. Peebles, 23, has retinal detachment and traumatic cataract in
his left eye due to a traumatic injury to his left eye. 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, ``I
feel Mr. Peebles has adequate vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Peebles reported that
he has driven straight trucks for 3 years, accumulating 61,500 miles
and tractor-trailer combinations for 3 years accumulating 292,500
miles. He holds a Class A CDL from Ohio. His driving record for the
last 3 years shows no crashes but two convictions for speeding in a
CMV. In the first incident, he exceeded the speed limit by 10 miles per
hour (MPH), in the second incident, he exceeded the speed limit by 8
MPH. He has another conviction for failure to obey a traffic sign.
Alfredo Reyes
Mr. Reyes, 57, 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, ``I can see no reason why he can not perform the visual tasks
necessary to drive any type of vehicle including commerical vehicles.''
Mr. Reyes reported that he has driven straight trucks for 15 years,
accumulating 600,000 miles and tractor-trailer combinations for 20
years accumulating 2.1 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.
Ronald M. Robinson
Mr. Robinson, 60, has monocular vision due to a traumatic injury to
his right eye that occurred 40 years ago. The visual acuity in his left
eye is 20/20. Following an examination in 2010, his optometrist noted,
``In my opinion, Mr. Robinson has full capability to operate a
commerical vehicle provided that it has the standard right and left
outsider rearview mirrors.'' Mr. Robinson reported that he has driven
straight trucks 20 years, accumulating 300,000 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.
J. Bernando Rodriguez
Mr. Rodriguez, 47, has had strabismic 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, ``I. Dr. Edgardo Amaro, certify that in my
medical opinion, patient J. Bernardo Rodriguez, has sufficient vision
to perform the driving tasks required to operate a commerical vehicle
as he has been doing in the past 10 years.'' Mr. Rodriguez reported
that he has driven tractor-trailer combinations 8 years accumulating
800,000 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.
Esequiel Rodriguez, Jr.
Mr. Rodriguez, 38, has had a macular scar in his right eye since
birth. The visual acuity in his right eye is 20/200 and in his left
eye, 20/20. Following an examination in 2010, his optometrist noted,
``He is fully capable of operating a commerical vehicle.'' Mr.
Rodriguez reported that he has driven tractor-trailer combinations 7
years accumulating 805,000 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.
David I. Sosby
Mr. Sosby, 60, 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, ``I Renapate, OD, hereby certify David Sosby to be visually able
to safely operate a commerical motor vehicle.'' Mr. Sosby reported that
he has driven tractor-trailer combinations 30 years accumulating 2.4
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.
Donald E. Stone
Mr. Stone, 54, has optic atrophy in his left eye due to a traumatic
injury. The best corrected visual acuity in his right eye is 20/15 and
in his left eye, hand motion vision. Following an examination in 2010,
his optometrist noted, ``It is my opinion that Mr. Stone has sufficient
vision to operate a commerical motor vehicle.'' Mr. Stone reported that
he has driven straight trucks 10 years, accumulating 900,000 miles and
tractor-trailer combinations for 17 years accumulating 1.8 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.
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 April 28, 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: March 16, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-7258 Filed 3-28-11; 8:45 am]
BILLING CODE 4910-EX-P