Qualification of Drivers; Exemption Applications; Vision

Topics:  Federal Motor Carrier Safety Administration

Larry W. Minor
Federal Register
June 10, 2011

[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Notices]
[Pages 34136-34138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14460]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0124]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 13 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 July 11, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0124 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

[[Page 34137]]

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 13 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

Eleazar R. Balli

    Mr. Balli, age 49, has had retinal scarring in his left eye due to 
a traumatic injury since childhood. The visual acuity in his right eye 
is 20/20 and in the left eye, 20/70. Following an examination in 2011, 
his optometrist noted, ``In my medical opinion, Mr. Balli has 
sufficient vision to perform driving tasks required to operate a 
commercial vehicle.'' Mr. Balli reported that he has driven tractor-
trailer combinations for 4 years, accumulating 52,000 miles. He holds a 
Class A Commercial Drivers License (CDL) from Texas. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

James J. Doan

    Mr. Doan, 41, has had optic nerve hypoplasia in his right eye since 
childhood. The visual acuity in his right eye is hand motion vision and 
in the left eye, 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``It is my medical opinion, that I find no 
reason from an ocular standpoint why he cannot continue to drive 
commercial vehicles.'' Mr. Doan reported that he has driven straight 
trucks for 22 years, accumulating 4.4 million miles and tractor-trailer 
combinations for 22 years, accumulating 330,000 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.

James A. Ellis

    Mr. Ellis, 54, has had cataract in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20 and in his left 
eye is 20/200. Following an examination in 2011, his optometrist noted, 
``He has sufficient vision to drive a commercial vehicle.'' Mr. Ellis 
reported that he has driven straight trucks for 36 years, accumulating 
72,000 miles and tractor-trailer combinations for 34 years, 
accumulating 3 million 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.

Allen M. Gamber

    Mr. Gamber, 62, has had complete loss of vision in his left eye due 
to a retinal vein occlusion since 2000. The visual acuity in his right 
eye is 20/25. Following an examination in 2011, his ophthalmologist 
noted, ``Mr. Gamber has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Gamber reported that he 
has driven straight trucks for 43 years, accumulating 1.3 million 
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.

Michael R. Gartin

    Mr. Gartin, 47, has had strabismic amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/200 
and in the left eye, 20/15. Following an examination in 2010, his 
optometrist noted, ``From these results, I believe Mr. Gartin does have 
sufficient visual acuity, visual field, and color discrimination to 
continue to safely operate a commercial vehicle.'' Mr. Gartin reported 
that he has driven tractor-trailer combinations for 25 years, 
accumulating 2.5 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.

Dale L. Giardine

    Mr. Giardine, 50, has had amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/200 
and in the left eye, 20/25. Following an examination in 2010, his 
optometrist noted, ``I believe he has sufficient vision and field of 
vision to operate this vehicle for work.'' Mr. Giardine reported that 
he has driven straight trucks for 26 years, accumulating 62,400 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.

Benjamin C. Hall

    Mr. Hall, 62, has had complete loss of vision in his left eye due 
to trauma since 2001. The visual acuity in his right eye is 20/20. 
Following an examination in 2011, his optometrist noted, ``Mr. Hall, in 
my medical opinion has sufficient vision to perform the driving tasks 
to operate a commercial vehicle''. Mr. Hall reported that he has driven 
straight trucks for 12[frac12] years, accumulating 337,500 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.

Richard A. McGuire

    Mr. McGuire, 47, has had histoplasmosis in his right eye since 
1997. The best corrected visual acuity in his right eye is 20/70 and in 
the left eye, 20/20. Following an examination in 2011, his 
ophthalmologist noted, ``In my medical opinion, he has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. McGuire reported that he has driven tractor-trailer 
combinations for 26 years, accumulating 2 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.

Dennis L. Morgan

    Mr. Morgan, 47, has had amblyopia in his right eye since childhood. 
The best corrected visual acuity in his right eye is 20/400 and in the 
left eye, 20/25. Following an examination in 2010, his optometrist 
noted, ``I, Dr. Benjamin L. Waldo, O.D. certify that I have the medical 
opinion that Mr. Morgan has sufficient vision to perform tasks required 
to operate a commercial vehicle.'' Mr. Morgan reported that he has 
driven straight trucks for 10 weeks, accumulating 15,000 miles and 
tractor-trailer combinations for 4 years, accumulating 300,000 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.

Timothy A. Newberry

    Mr. Newberry, 52, 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, ``Patient has sufficient vision to operate 
commercial vehicle''. Mr. Newberry reported that he has driven straight 
trucks for 23 years, accumulating 230,000 miles. He holds a Class A CDL 
from Ohio. 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.

[[Page 34138]]

Neville E. Owens

    Mr. Owens, 44, has loss of vision in his left eye due to a 
traumatic injury sustained as a child. The best corrected visual acuity 
in his right eye is 20/15 and in the left eye, 20/200. Following an 
examination in 2010, his optometrist noted, ``It is my opinion that Mr. 
Owens has excellent vision in spite of limitations in the left eye. He 
has an excellent driving record even with his CDL privileges.'' Mr. 
Owens reported that he has driven straight trucks for 19 years, 
accumulating 190,000 miles and tractor-trailer combinations for 15 
years, accumulating 75,000 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.

Peter M. Shirk

    Mr. Shirk, 28, has had exotropia in his right eye due to a 
traumatic injury that occurred in 2003. The best corrected visual 
acuity in his right eye is light perception and in the left eye, 20/20. 
Following an examination in 2011, his optometrist noted, ``In my 
opinion and based on the reported clean driving record, Peter seems to 
have sufficient visual field and visual acuity to operate a commercial 
vehicle.'' Mr. Shirk reported that he has driven straight trucks for 6 
years, accumulating 150,000 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.

Thomas C. Stromwall

    Mr. Stromwall, 51, has aphakia and amblyopia in his left eye due to 
cataract surgery at age 5. 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, ``It is my opinion that Mr. 
Stromwall has sufficient vision to safely perform the tasks required to 
operate a commercial motor vehicle.'' Mr. Stromwall reported that he 
has driven straight trucks for 33 years, accumulating 165,000 miles and 
tractor-trailer combinations for 33 years, accumulating 2.5 million 
miles. He holds a Class A CDL from Minnesota. 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 July 11, 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: June 2, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-14460 Filed 6-9-11; 8:45 am]
BILLING CODE 4910-EX-P