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
June 24, 2011
[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Notices]
[Pages 37169-37171]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15928]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0140]
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 17 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 25, 2011.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0140 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: Elaine M. Papp, Chief, 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.''
[[Page 37170]]
FMCSA can renew exemptions at the end of each 2-year period. The 17
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
Danny F. Burnley
Mr. Burnley, age 49, has loss of vision in his right eye due to a
traumatic injury that occurred during his late teens or early twenties.
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, ``Based upon my findings and medical expertise, I Jamison J.
Heffron, O.D. hereby certify Danny Burnley to be visually able to
safely operate a commercial motor vehicle.'' Mr. Burnley reported that
he has driven straight trucks for 3 years, accumulating 6,000 miles and
tractor-trailer combinations for 3 years, accumulating 6,000 miles. He
holds a Class A Commercial Driver's License (CDL) from Kentucky. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Bruce A. Cameron
Mr. Cameron, 58, has had a branch retinal vein occlusion in his
left eye since 2005. The best corrected visual acuity in his right eye
is 20/20 and in his left eye, count-finger vision. Following an
examination in 2011, his optometrist noted, ``In my opinion, Mr.
Cameron has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Cameron reported that he has driven
straight trucks for 45 years, accumulating 225,000 miles and tractor-
trailer combinations for 30 years, accumulating 150,000 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.
Charles E. Carter
Mr. Carter, 54, has complete loss of vision in his left eye due to
a traumatic injury sustained in 1992. The best corrected visual acuity
in his right eye is 20/20. Following an examination in 2011, his
optometrist noted, ``In my own opinion, Charles has sufficient vision
to perform driving tasks required to operate a commercial vehicle.''
Mr. Carter reported that he has driven tractor-trailer combinations for
5 years, accumulating 360,000 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.
Ronald J. Claud
Mr. Claud, 65, has had retinal scarring in his left eye due to a
traumatic injury since 1962. The best corrected visual acuity in his
right eye is 20/20 and in his left eye, 3/180. Following an examination
in 2011, his optometrist noted, ``I do not see any reason why he cannot
obtain a commercial vehicle drivers license.'' Mr. Claud reported that
he has driven straight trucks for 40 years, accumulating 200,000 miles
and tractor-trailer combinations for 28 years, accumulating 168,000
miles. He holds a Class C 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.
Stewart K. Clayton
Mr. Clayton, 50, has had inferior retinal coloboma 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 2010, his
optometrist noted, ``Mr. Clayton has sufficient vision to perform
driving tasks required to operate a commercial vehicle.'' Mr. Clayton
reported that he has driven straight trucks for 31 years, accumulating
744,000 miles and tractor-trailer combinations for 31 years,
accumulating 744,000 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.
Sean R. Conorman
Mr. Conorman, 40, 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 2011, his
ophthalmologist noted, ``In my opinion, patient has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Conorman reported that he has driven straight trucks for
5.9 years, accumulating 236,000 miles and tractor-trailer combinations
for 5.6 years, accumulating 280,000 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.
Jackie R. Frederick
Mr. Frederick, 61, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye is 20/70
and in his left eye, 20/20. Following an examination in 2011, his
optometrist noted, ``In my opinion, his vision is sufficient to perform
the driving tasks required for operating a commercial vehicle.'' Mr.
Frederick reported that he has driven straight trucks for 15 years,
accumulating 240,000 miles. He holds a Class A CDL from Alabama. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.
Robert E. Graves
Mr. Graves, 42, has a prosthetic right eye due to a traumatic
injury since age 3. The best corrected visual acuity in his left eye is
20/15. Following an examination in 2011, his optometrist noted, ``He
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Graves reported that he has driven straight
trucks for 24 years, accumulating 48,000 miles and driven tractor-
trailer combinations for 22 years, accumulating 440,000 miles. He holds
a Class A CDL from Nebraska. 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 10 miles per hour
Brian P. Millard
Mr. Millard, 38, 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 2011, his ophthalmologist
noted, ``Based on recent examinations, patient has sufficient vision to
operate a commercial vehicle.'' Mr. Millard reported that he has driven
straight trucks for 17 years, accumulating 1.3 million miles. He holds
a Class B CDL from North Carolina. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.
Steven D. Nash
Mr. Nash, 56, has had histoplasmosis in his left eye since birth.
The visual acuity in his right eye is 20/20 and in his left eye, 20/
450. Following an examination in 2011, his optometrist noted, ``I feel
that Mr. Nash has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Nash reported that he
has driven straight trucks for 20 years, accumulating 900,000 miles. He
holds a Class A CDL from Iowa. His driving
[[Page 37171]]
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.
Merle M. Price
Mr. Price, 56, has a prosthetic right eye due to a traumatic injury
that occurred 36 years ago. The visual acuity in his left eye is 20/20.
Following an examination in 2011, his optometrist noted, ``I certify
that Mr. Price demonstrates that he has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Price
reported that he has driven straight trucks for 5 years, accumulating
25,000 miles and tractor-trailer combinations for 20 years,
accumulating 500,000 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.
Terrence F. Ryan
Mr. Ryan, 49, has had refractive amblyopia in his left eye since
childhood. The best corrected visual acuity in his right eye is 20/20
and in his left eye, 20/50. Following an examination in 2011, his
optometrist noted, ``I certify in my medical opinion that Terrence Ryan
has sufficient vision to operate a commercial vehicle.'' Mr. Ryan
reported that he has driven straight trucks for 12 years, accumulating
600,000 miles and tractor-trailer combinations for 14 years,
accumulating 1.1 million miles. He holds a Class A CDL from Florida.
His driving record for the last 3 years shows one crash for which he
was not cited, and no convictions for moving violations in a CMV.
Kirby R. Sands
Mr. Sands, 49, has had a cornea scar in his right eye, due to a
traumatic injury sustained at age 9. The best corrected visual acuity
in his right eye is hand motion vision and in his left eye, 20/15.
Following an examination in 2011, his optometrist noted, ``My
conclusion is that Kirby Sands is qualified to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Sands reported
that he has driven straight trucks for 5 years, accumulating 128,000
miles and tractor-trailer combinations for 15 years, accumulating 1.8
million miles. He holds a Class A CDL from Iowa. His driving record for
the last 3 years shows no crashes and not convictions for moving
violations in a CMV.
Dennis W. Stubrich
Mr. Stubrich, 57, has had Eales' disease in his right eye since
1984. 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. Stubrich's vision is
sufficient to perform driving tasks required to operate commercial
vehicles.'' Mr. Stubrich reported that he has driven straight trucks
for 26 years, accumulating 1.7 million miles and tractor-trailer
combinations for 5 years, accumulating 72,000 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.
Stephen W. Verrette
Mr. Verrette, 44, has had cataract in his right eye due to a
traumatic injury sustained at age 10. The best corrected visual acuity
in his right eye is 20/150 and in his left eye, 20/20. Following an
examination in 2011, his optometrist noted, ``In light of this, I feel
Steve can safely perform driving tasks necessary to operate a
commercial motor vehicle.'' Mr. Verrette reported that he has driven
straight trucks for 25 years, accumulating 75,000 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.
Joseph A. Wells
Mr. Wells, 46, had a corneal transplantation in the 1990s and
retinal detachment repair in 2009 due to a prior history of trauma in
his right eye. The best corrected visual acuity in his right eye is 20/
70 and in his left eye, 20/20. Following an examination in 2011, his
ophthalmologist noted, ``I believe based on the clinical examination,
he is capable of operating commercial motor vehicles without
difficulty.'' Mr. Wells reported that he has driven straight trucks for
25 years, accumulating 1.2 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.
Leslie H. Wylie
Mr. Wylie, 55, has loss of vision in his right eye due to a
traumatic injury sustained in 1985. 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 ophthalmologist noted, as long as he meets the
criteria in regard to his visual field for operation of a commercial
vehicle, I see no problems with his operation of a commercial
vehicle.'' Mr. Wylie reported that he has driven straight trucks for 17
years, accumulating 3,400 miles and tractor-trailer combinations for 17
years, accumulating 3,400 miles. He holds a Class D operator's license
from Idaho. 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 25, 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 17, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-15928 Filed 6-23-11; 8:45 am]
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