Qualification of Drivers; Exemption Applications; Vision

Topics:  Federal Motor Carrier Safety Administration

Larry W. Minor
Federal Register
April 5, 2011

[Federal Register: April 5, 2011 (Volume 76, Number 65)]
[Notices]               
[Page 18824-18826]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap11-119]                         


[[Page 18824]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0057]

 
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 May 5, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0057 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 
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

Melvin T. Ayer

    Mr. Ayer, age 57, has had an inferior temporal visual field defect 
in his left eye since 2007. The best corrected visual acuity in his 
right eye is 20/20 and in his left eye, 20/20. Following an examination 
in 2010, his optometrist noted, ``Based on Mr. Ayer's report of no 
history of problems with his commercial driving and his stable ocular 
findings, he appears to have sufficient vision to perform driving tasks 
required to operate a commercial vehicle.'' Mr. Ayer reported that he 
has driven tractor-trailer combinations for 16 years, accumulating 1.1 
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.

Luis A. Bejarono

    Mr. Bejarono, 41, has a large corneal scar and retinal detachment 
in his left eye due to an accident that occurred 5 years ago. The 
visual acuity in his right eye is 20/20 and in his left eye, light 
perception. Following an examination in 2010, his ophthalmologist 
noted, ``In my medical opinion, Mr. Bejarono has sufficient vision to 
perform driving tasks required to operate a commercial vehicle.'' Mr. 
Bejarono reported that he has driven tractor-trailer combinations for 8 
years, accumulating 400,000 miles. He holds a Class A CDL from Arizona. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Richard T. Berendt

    Mr. Berendt, 60, has had a macular hole in his left eye since 1997. 
The best corrected visual acuity in his right eye is 20/20 and in his 
left eye, 20/70. Following an examination in 2010, his optometrist 
noted, ``It is my medical opinion that Mr. Berendt has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. Berendt reported that he has driven straight trucks for 
20 years, accumulating 312,000 miles and tractor-trailer combinations 
for 14 years accumulating 2 million miles. He holds a Class A CDL from 
Ohio. His driving record for the last 3 years shows one crash for which 
he was not cited and two convictions for speeding in a CMV. In the 
first incident, he exceeded the speed limit by 4 miles per hour (MPH), 
in the second incident, he exceeded the speed limit by 10 mph.

James O. Cook

    Mr. Cook, 62, has a central scar in his left eye due to a traumatic 
injury that occurred in 1967. The 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, Mr. Cook meets all applicable 
requirements to drive a commercial vehicle. Therefore there should be 
no issue in Mr. Cook retaining commercial driving privileges.'' Mr. 
Cook reported that he has driven straight trucks for 5 years, 
accumulating 350,000 miles and tractor-trailer combinations for 28 
years accumulating 3.4 million miles. He holds a Class A CDL from 
Georgia. His driving record for the last 3 years shows no crashes and 
no convictions for moving violations in a CMV.

[[Page 18825]]

Timothy J. Curran

    Mr. Curran, 42, has refractive Amblyopia 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 
ophthalmologist noted, ``In my opinion, Mr. Curran has adequate visual 
function to operate a commercial vehicle.'' Mr. Curran reported that he 
has driven straight trucks for 8 years, accumulating 83,200 miles and 
tractor-trailer combinations for 10 years accumulating 156,000 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.

Alfred D. Hewitt

    Mr. Hewitt, 57, has had a prosthetic right eye since 2004. The best 
corrected visual acuity in his left eye is 20/15. Following an 
examination in 2010, his ophthalmologist noted, ``In my medical opinion 
he has sufficient vision to operate a commercial vehicle.'' Mr. Hewitt 
reported that he has driven tractor-trailer combinations for 38 years, 
accumulating 1.9 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.

Mark A. Kleinow

    Mr. Kleinow, 54, has central scarring due to central serious 
retinopathy. 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, ``Patient/applicant has sufficient vision to perform 
the driving task required to operate a commercial vehicle.'' Mr. 
Kleinow reported that he has driven straight trucks for 30 years, 
accumulating 5.6 million miles. He holds a Class B CDL from Iowa. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Luke R. Lafley

    Mr. Lafley, 42, has complete loss of vision in his left eye due to 
a traumatic injury that occurred in 1978. The visual acuity in his 
right eye is 20/15. Following an examination in 2010, his optometrist 
noted, ``I feel the vision deficiency of having one eye does not 
prohibit operation of a motor vehicle and Mr. Lafley's vision is 
adequate to drive commercial motor vehicles.'' Mr. Lafley reported that 
he has driven straight trucks for 26 years, accumulating 780,000 miles 
and tractor-trailer combinations for 8 years accumulating 560,000 
miles. He holds a Class C operator's license from Washington. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Kevin R. Lambert

    Mr. Lambert, 47, has had complete loss of vision in his right eye 
due to a traumatic injury that occurred in 1999. The best corrected 
visual acuity in his left eye is 20/25. Following an examination in 
2010, his ophthalmologist noted, ``In my professional opinion, with the 
aid of the correction lenses that are prescribed, Mr. Lambert will have 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Lambert reported that he has driven tractor-
trailer combinations for 18 years, accumulating 2.5 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.

James P. Lanigan

    Mr. Lanigan, 56, has had histoplasmosis in his left eye since 6 
years ago. The best corrected visual acuity in his right eye is 20/20 
and in his left eye, 20/200. Following an examination in 2011, his 
optometrist noted, ``He has a successful 20-year history of commercial 
driving and his visual status has not affected his ability to perform 
his job.'' Mr. Lanigan reported that he has driven straight trucks for 
17 years, accumulating 544,000 miles and tractor-trailer combinations 
for 1 year accumulating 5,000 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.

Nusret Odzakovic

    Mr. Odzakovic, 37, has had concussive optic nerve atrophy in his 
right eye since 1994. 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, ``It is our medical opinion that Mr. Odzakovic 
continues to have sufficient visual capabilities to perform the driving 
tasks associated with operating a commercial vehicle.'' Mr. Odzakovic 
reported that he has driven straight trucks for 3 years, accumulating 
180,000 miles and tractor-trailer combinations for 8 years accumulating 
120,000 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.

Scott W. Schilling

    Mr. Schilling, 38, has had a prosthetic left eye due to a traumatic 
incident that occurred in 1983. The visual acuity in his right eye is 
20/20. Following an examination in 2011, his optometrist noted, ``I 
certify in my medical opinion that Scott has sufficient vision to 
perform driving tasks required to operate a commercial vehicle.'' Mr. 
Schilling reported that he has driven tractor-trailer combinations for 
3 years, accumulating 195,000 miles. He holds a Class A CDL from North 
Dakota. His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Randy E. Sims

    Mr. Sims, 58, has a choroidal rupture in his left eye due to a 
retinal injury sustained in 1962. The best corrected visual acuity in 
his right eye is 20/20 and in his left eye, 20/70. Following an 
examination in 2011, his ophthalmologist noted, ``I believe his vision 
is sufficient to operate a commercial vehicle.'' Mr. Sims reported that 
he has driven straight trucks for 5 years, accumulating 260,000 miles 
and tractor-trailer combinations for 26 years accumulating 2 million 
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.

Halman Smith

    Mr. Smith, 53, has complete loss of vision in his left eye due to 
traumatic optic neuropathy since age 27. The visual acuity in his right 
eye is 20/20. Following an examination in 2010, his optometrist noted, 
``Based on my exam findings and current laws regulating driver's 
licensure, Mr. Smith has sufficient vision to perform the driving tasks 
needed to operate a commercial vehicle.'' Mr. Smith reported that he 
has driven straight trucks for 14 years, 700,000 miles. He holds a 
Class B CDL from Delaware. His driving record for the last 3 years 
shows no crashes but three convictions for moving violations in a CMV; 
one conviction was for an improper lane change and the other two 
convictions were for speeding in a CMV, in both speeding incidents, he 
exceeded the speed limit by 5 mph.

Robert D. Smith

    Mr. Smith, 52, 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

[[Page 18826]]

optometrist noted, ``Robert has been driving commercially for a number 
of years, has been a patient here for over a decade, and I see no 
reason why he should not be able to continue to drive.'' Mr. Smith 
reported that he has driven straight trucks for 17 years, accumulating 
1.3 million miles and tractor-trailer combinations for 17 years 
accumulating 10,200 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 D. Williams

    Mr. Williams, 55, has had loss of vision in his right eye since 
2006. The best corrected visual acuity in his right eye is 20/60 and in 
his left eye, 20/20. Following an examination in 2011, his optometrist 
noted, ``In light of the fact that his left eye has perfect 20/20 
vision and that he does have a history of decreased vision in the right 
eye for the past several years, I do feel that he has adapted well to 
the situation and I have no concerns in his ability to drive a 
commercial vehicle.'' Mr. Williams reported that he has driven straight 
trucks for 35 years, accumulating 2.6 million miles, tractor-trailer 
combinations for 20 years accumulating 1.5 million miles and buses for 
5 years, accumulating 62,500 miles. He holds a Class D operator's 
license from Oklahoma. 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 May 5, 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 29, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-7959 Filed 4-4-11; 8:45 am]
BILLING CODE 4910-EX-P