Qualification of Drivers; Exemption Applications; Vision

Qualification of Drivers; Exemption Applications; Vision

Topics: FMCSA

Qualification of Drivers; Exemption Applications; Vision

Larry W. Minor (Federal Register)
May 5, 2011

[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Pages 25766-25769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11014]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0092]

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

[[Page 25767]]

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 June 6, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0092 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 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

Keith E. Allstot

Mr. Allstot, age 51, has loss of vision in his left eye due to a
traumatic injury that occurred in 2002. 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, ``Using both eyes,
Keith's vision is sufficient for commercial driving licensing and
tasks.'' Mr. Allstot reported that he has driven straight trucks for 15
years, accumulating 999,990 miles and tractor-trailer combinations for
31 years, accumulating 3 million miles. He holds a Class A Commercial
Driver's License (CDL) from Washington. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.

Christopher L. Bagby

Mr. Bagby, 45, has a misplaced pupil and a mild cataract in his
right eye due to an injury sustained as a child. The visual acuity in
his right eye is 20/1200 and in his left eye, 20/20. Following an
examination in 2010, his optometrist noted, ``In my medical opinion,
Mr. Bagby has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Bagby reported that he has
driven straight trucks for 14 years, accumulating 350,000 miles and
tractor-trailer combinations for 6 years, accumulating 150,000 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.

Joseph L. Butler

Mr. Butler, 47, has a prosthetic left eye due to a chorodial
melanoma that occurred in 2003. The best corrected visual acuity in his
right eye is 20/20. Following an examination in 2011, his optometrist
noted, ``It is my medical opinion that Mr. Butler has sufficient vision
to perform the driving tasks necessary to operate the commercial
vehicles required to maintain his business.'' Mr. Butler 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 C operator's license from Indiana. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Shawn M. Carroll

Mr. Carroll, 44, has had amblyopia in his left eye since birth. The
best corrected visual acuity in his right eye is 20/15 and in his left
eye, 20/200. Following an examination in 2010, his optometrist noted,
``I have found and determined Shawn Carroll to have sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Carroll reported that he has driven straight trucks for
25 years, accumulating 1.3 million miles and tractor-trailer
combinations for 4 years, accumulating 100,000 miles. He holds a Class
C operator's license from Georgia. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Erik R. Davis

Mr. Davis, 30, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/80 and in his
left eye, 20/20. Following an examination in 2011, his optometrist
noted, ``In my medical opinion I feel that Mr. Davis has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Davis reported that he has driven straight trucks for
8[frac12] years, accumulating 1.3 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 25768]]

Walter C. Dean, Sr.

Mr. Dean, 67, has complete loss of vision in his right eye due to a
traumatic injury sustained as a child. The best corrected visual acuity
in his right eye is no light perception and in his left eye, 20/20.
Following an examination in 2011, his ophthalmologist noted, ``I feel
that he has sufficient vision to perform the driving tasks that are
required to operate a commercial vehicle.'' Mr. Dean reported that he
has driven straight trucks for 40 years, accumulating 3.1 million
miles. He holds a Class D operator's license from Alabama. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

John C. DiMassa

Mr. DiMassa, 53, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his right eye is 20/100 and in his
left eye, 20/20. Following an examination in 2011, his optometrist
noted, ``In my professional opinion, John has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. DiMassa reported that he has driven straight trucks for 30 years,
accumulating 150,000 miles and tractor-trailer combinations for 30
years, accumulating 150,000 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.

Jerry O. Ekes

Mr. Ekes, 38, has had a 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, 20/200. Following an examination in 2011, his
optometrist noted, ``It is my professional opinion that Mr. Ekes has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle''. Mr. Ekes reported that he has driven straight
trucks for 15 years, accumulating 180,000 miles. He holds a Class D
operator's license from Mississipi. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Robert A. Goerl, Jr.

Mr. Goerl, 33, has traumatic cataract and macular hole in his left
eye since 2000. 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
optometrist noted, ``It is my opinion that Mr. Goerl does have
sufficient visual function to perform the driving tasks required to
operate a commercial vehicle''. Mr. Goerl reported that he has driven
straight trucks for 12 years, accumulating 60,000 miles. He holds a
Class C operator's license from Pennslyvania. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Eric M. Grayson

Mr. Grayson, 38, has had amblyopia and exophoria in his left eye
since birth. The visual acuity in his right eye is 20/15 and in his
left eye, 20/400. Following an examination in 2011, his optometrist
noted, ``His vision and side vision is sufficient enough for him to
drive commercially.'' Mr. Grayson reported that he has driven straight
trucks for 9 years, accumulating 112,500 miles and tractor-trailer
combinations for 10 years, accumulating 900,000 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.

Alan D. Harberts

Mr. Harberts, 56, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his right eye is 20/400 and in his
left eye, 20/20. Following an examination in 2011, his optometrist
noted, ``In my opinion, he has excellent visual skills, and is
competent to perform driving tasks associated with commercial vehicle
driving.'' Mr. Harberts reported that he has driven straight trucks for
37 years, accumulating 462,500 miles and tractor-trailer combinations
for 25 years, accumulating 187,500 miles. He holds a Class A CDL from
Iowa. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Smith Harry, Jr.

Mr. Harry, 41, has a prosthetic right eye due to a traumatic injury
sustained during childhood. The best corrected visual acuity in his
left eye is 20/20. Following an examination in 2011, his optometrist
noted, ``In my professional opinion, Mr. Smith has sufficient vision
and central and peripheral visual fields OS to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Harry reported
that he has driven straight trucks for 6 years, accumulating 480,000
miles and tractor-trailer combinations for 6 years, accumulating
480,000 miles. He holds a Class A CDL from North Carolina. His driving
record for the last 3 years shows no crashes but one conviction for
speeding in a CMV. He exceeded the speed limit by 13 Miles Per Hour
(MPH).

Vincent A.R. Neal

Mr. Neal, 50, has optic atrophy in his left eye due to trauma that
occurred 15 to 20 years ago. 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 ophthalmologist noted, ``In addition, he
should be able to perform his driving task without a problem.'' Mr.
Neal reported that he has driven tractor-trailer combinations for 3
years, accumulating 270,000 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.

Michael P. Passmore

Mr. Passmore, 62, 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
optometrist noted, ``As the examining doctor, it is my professional
opinion that Mr. Passmore has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Passmore reported
that he has driven straight trucks for 3\1/2\ years, accumulating
175,000 miles and tractor-trailer combinations for 3\1/2\ years,
accumulating 35,000 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 L. Porsley

Mr. Porsley, 54, has complete loss of vision in his left eye due to
a traumatic injury sustained in 1971. The best corrected visual acuity
in his right eye is 20/20. Following an examination in 2010, his
optometrist noted, ``In my opinion, nothing has changed visually over
the past thirty plus years. If he was visually safe to drive a
commercial vehicle in the past, he still is today.'' Mr. Porsley
reported that he has driven straight trucks for 30 years, accumulating
540,000 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.

James B. Prunty

Mr. Prunty, 40, has had refractive 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 2011, his
optometrist noted, ``In my medical opinion, Mr. Prunty's visual
deficiency in the right eye does not make him unsafe for commercial
vehicle

[[Page 25769]]

operation. I do believe that he is able to operate a commercial vehicle
safely without glasses, for his uncorrected vision is 20/25 when using
both eyes. Mr. Prunty reported that he has driven straight trucks for 4
years, accumulating 96,000 miles. He holds a Class D operator's license
from West Virginia. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Wendell S. Sehen

Mr. Sehen, 46, has a prosthetic right eye due to trauma that
occurred at the age of 4. The best corrected visual acuity in his left
eye is 20/20. Following an examination in 2011, his optometrist noted,
``In my medical opinion, Wendell Sehen has sufficient vision to perform
the driving tasks to operate a commercial vehicle.'' Mr. Sehen reported
that he has driven tractor-trailer combinations for 16 years,
accumulating 560,000 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.

Gary E. Valentine

Mr. Valentine, 60, has a prosthetic left eye due to an eye injury
that occurred in 2007. The visual acuity in his right eye is 20/20 and
in his left eye, no light perception. Following an examination in 2011,
his optometrist noted, ``From these results, I believe Mr. Valentine
does have sufficient visual acuity, visual field, and color
discrimination to safely operate a commercial vehicle.'' Mr. Valentine
reported that he has driven straight trucks for 40 years, accumulating
3.7 million miles and tractor-trailer combinations for 34 years,
accumulating 3.5 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.

Charles Van Dyke

Mr. Van Dyke, 64, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/100
and in his left eye, 20/20. Following an examination in 2011, his
optometrist noted, ``It is my medical opinion that Charles has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Van Dyke reported that he has driven straight
trucks for 42 years, accumulating 2 million miles and tractor-trailer
combinations for 2 years, accumulating 160,000 miles. He holds a Class
A CDL from Wisconsin. His driving record for the last 3 years shows no
crashes but one conviction for speeding in a CMV. He exceeded the speed
limit by 13 mph.

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 June 6, 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: April 22, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-11014 Filed 5-4-11; 8:45 am]
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